National Security Law Commons^™

Parameters Summer 2021, Usawc Press

The US Army War College Quarterly: Parameters

The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.

Integrated Planning And Campaigning For Complex Problems, Robert S. Ehlers Jr., Patrick Blannin

The US Army War College Quarterly: Parameters

Shortfalls and inefficiencies in traditional planning and campaigning have become increasingly clear in the current hyperconnected security environment. US military planners can mitigate these deficiencies by embracing integrated planning and campaigning approaches including the development of new organizational structures and processes. These improvements will give senior leaders increased options as the US military and US Allies and partners address complex problems with better effect and to greater advantage.

On “The Politics Of Oath-Taking”, David J. Wasserstein, Jimmie R. Montgomery, Marybeth P. Ulrich

The US Army War College Quarterly: Parameters

No abstract provided.

Combating The Recruitment And Radicalization Of Potential Terrorists: A State-Based Methods And Effectiveness Analysis For Application To Counter White Supremacy Terrorism In The Usa, Francesca Pimenta

Honors Theses

For approximately the past twenty years, the United States (US) government has focused on combating terrorist threats from abroad like Islamic terrorism. However, in recent years, terrorism has transitioned from an external threat to an internal threat. Some people in the US only realized how large a threat white supremacy terror poses to the nation’s security following the insurrection in the Capitol on January 6th, 2021. Despite this newly gained knowledge, the threat of white supremacy terror in the US has been growing for years. This study looked at the ways foreign governments have combatted white supremacist terrorism, recruitment, and …

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …

National Security Law, James D. Carlson, Geoffrey M. Goodale, Guy C. Quinlan, Sergio L. Suarez

The Year in Review

No abstract provided.

Robert Jackson's Critique Of Trump V. Hawaii, William R. Casto

St. John's Law Review

(Excerpt)

Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately predicted the Supreme Court’s decision in Trump v. Hawaii. As he foresaw, the Court rubberstamped a President’s purposeful discrimination against a minority religion. This brief Essay explains Trump using Jackson’s critique of judicial review in national-security cases. The Essay also uses Trump to examine a flaw—probably structural—in the constitutional theory of process jurisprudence. The Trump case involved the Court’s construction of congressional legislation apparently limiting the President’s authority, but the present Essay does not address that aspect of the opinion.

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind, …

Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren

BYU Law Review

Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …

Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber

Testimony

Professor Rebecca Ingber testified at a U.S. House Committee on Rules hearing on March 23, 2021, titled "Article I: Reforming the War Powers Resolution for the 21st Century."

U.S. Recognition Of Japanese Sovereignty Over The Senkaku Islands, Raul (Pete) Pedrozo

International Law Studies

Every U.S. administration from Truman to Kennedy recognized Japanese residual sovereignty over the Senkaku Islands. U.S. policy changed, however, to one of neutrality under the Nixon administration during the negotiations of the Okinawa Reversion Treaty. The change in policy was not based on a belief that Japan did not retain sovereignty over the islands, but rather was done to appease the Republic of China over its impending expulsion from the United Nations and to break an impasse of the ongoing textile negotiations with Taipei. The administration’s overtures to China, culminating in Nixon’s visit to China contributed to the decision. Since …

Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

The Joint Force And Lessons From 1971, Jonathan P. Klug

The US Army War College Quarterly: Parameters

No abstract provided.

Providing Stability And Deterrence: The Us Army In Indopacom, Carol V. Evans

The US Army War College Quarterly: Parameters

No abstract provided.

Coalition Warfare—Echoes From The Past, Michael Neiberg

The US Army War College Quarterly: Parameters

No abstract provided.

Soviet Economic Reform—Surprisingly Prescient, Robert E. Hamilton

The US Army War College Quarterly: Parameters

No abstract provided.

Moscow In The Middle East, W. Andrew Terrill

The US Army War College Quarterly: Parameters

No abstract provided.

Transforming The Us Army For The Twenty-First Century, Nora Bensahel

The US Army War College Quarterly: Parameters

No abstract provided.