National Security Law Commons^™

Private Coverage, Public Risk: The Role Of Cyber Insurance In National Security Governance, Deborah L. Johnson

Faculty Publications

This Article explores the growing yet underexamined role of the commercial cyber insurance market in shaping the United States' approach to cybersecurity readiness. It argues that, as cyber threats against U.S. critical infrastructure and essential services increase, commercial cyber insurance has quietly come to function as a de facto governance tool in national cybersecurity. In hospitals, water and energy systems, and other public-facing sectors, policy language, underwriting questionnaires, and post-breach claims practices help define what counts as "reasonable" security, influence how organizations plan for and respond to incidents, and affect the pace and scope of recovery after an attack. Yet …

U.S. Trade Law And Policy At A Crossroads, John K. Veroneau

Maine Law Review

The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …

El Salvador At The Crossroads: Crimes Against Humanity Under The Public Security Policy, Susana L. Sacouto, Claudia Martin, Gino Costa, Santiago Canton, Jose Antonio Guevara

Research Reports & White Papers

The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) presents its final report entitled: “El Salvador at the Crossroads: Crimes against Humanity under the Public Security Policy.”

GIPES was formed with the aim of investigating the alleged serious human rights violations taking place in the context of the State of Exception public security policy that has been in place of El Salvador since March 2022 and determining whether they might constitute crimes against humanity. The group is made up of five internationally recognized jurists: Susana SáCouto, …

Mitigating Uas Airspace Risks Through Policy Innovation, Christopher Daniel Sidor

Student Research Symposium (SRS)

Uncrewed Aircraft Systems (UAS), commonly known as drones, have become an everyday part of our lives. Once a technology reserved for the defense industry, UAS are now widely available and affordable in the commercial market. These systems have been used for intelligence, surveillance, and reconnaissance (ISR) missions, route mapping, and kinetic deployment of munitions. In modern warfare, drones have been at the forefront, leveraging new tactics, techniques, and procedures to enhance lethality and destruction. The integration of fiber-optic (FO) connected drones, first-person view (FPV) technology, and 3D printed munition-dropping devices in particular demonstrates a dire need for legislative intervention. These …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.

Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This article argues strategic rivalries—distinct from general strategic competition—are best understood as contests in which states prioritize weakening a specific opponent’s capacity to compete. It departs from existing work by critiquing the Joint Concept for Competing’s narrow definition and by emphasizing rivalry termination as a central but understudied dimension. Drawing on decades of international relations scholarship and historical datasets of interstate rivalries since 1815, the article analyzes how rivalries end and identifies strategic preclusion as a proactive approach for winning them. Its insights offer policy and military practitioners guidance for shaping competitive strategies short of war.

Parameters Spring 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Approaching The Military As A Profession Through The Clausewitzian Trinity, Adam T. Biggs

The US Army War College Quarterly: Parameters

The Clausewitzian trinity (people, government, and military—or passion, reason, and chance) can enhance existing scholarship and discussions about military professionalism by emphasizing the fundamental purpose of military forces. Specifically, managing chance incorporates elements of reducing uncertainty and applying creativity as individuals develop coup d’oeil. Junior personnel manage chance by reducing cognitive load while enhancing cognitive skills needed to quickly assess battlefield conditions as they progress to becoming senior leaders. This article contrasts these ideas against the various roles assigned to civil-military forces in the Clausewitzian trinity to emphasize professionalism in developing military leaders.

Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski

The US Army War College Quarterly: Parameters

Carl von Clausewitz’s trinity represents a qualitative test for strategy in both theory and practice. With the trinity, Clausewitz transforms competing influences into a mark of theoretical quality. Synthesizing several translations of Clausewitz’s On War and interpretations by experts such as Hew Strachan, Antulio J. Echevarria II, and Frank G. Hoffman, this article suggests that Clausewitz believed that good theory encompasses and accounts for all fundamental forces of war, whereas bad theory emphasizes the extremes of one force. The trinity compels mandatory considerations for students of theory, war planners, and practitioners.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch

The US Army War College Quarterly: Parameters

This article details the East German military’s extensive, innovative covert-propaganda program, which was designed to influence West German attitudes for almost two decades during the Cold War. Unlike existing scholarship that primarily addresses intelligence-led disinformation, this study exclusively analyzes military-led information warfare. The article uses previously classified East German military records to examine capabilities and tactics ranging from fake conscription notices to radio broadcasts. The findings offer contemporary US military planners and practitioners insight into the complexities of integrating information-warfare capabilities, measuring the effectiveness of propaganda, and understanding adversarial influence campaigns, with direct implications for current Joint Force planning and …

Imitating Us Doctrine Cost Europe Its Heavy Combat Power, Bence Nemeth

The US Army War College Quarterly: Parameters

This article argues that Europe’s loss of heavy combat power is primarily the result of doctrinal shifts influenced by the United States, rather than underfunding alone. Unlike existing research that focuses on defense budgets or burden-sharing, this study isolates the opportunity costs of adopting US-based expeditionary and counterinsurgency doctrines. Using force structure data for Canada, Germany, and the United Kingdom (1990–2022), it conducts a counterfactual analysis of lost tanks, infantry fighting vehicles, and heavy artillery pieces. The article shows that Europe’s shortfalls are doctrinal as much as fiscal and highlights the relevance of maintaining balance in future doctrinal choices.

The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber

Online Publications

President Donald Trump has launched another unlawful war, this time in the service of regime change in Iran. The administration has been threatening the use of force for weeks, but provided very little public justification, description of what the president hoped to accomplish, or explanation for how the use of force would effectuate such goals. It has also to date presented no legal justification whatsoever. Much of what we know at this moment about how the administration views, and how it lawyers, questions of war powers can be derived from the one legal memorandum the administration has released on the …

The Power To Declare Peace, Michael Stokes Paulsen

Pepperdine Law Review

The Constitution gives Congress the power “to declare War.” The meaning of that grant of power is much debated, but its converse is much neglected: To whom does the Constitution assign the power to declare peace? This Article comprehensively examines the Constitution’s various assignments of the power(s) to make peace—constitutional powers to end, as a practical matter and as a binding legal matter, a prior legal condition of war. Both the President and Congress possess several such powers. The President has the power, with the advice and consent of two-thirds of the Senate, to make treaties, including peace treaties that …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …