National Security Law Commons^™

Recent Developments, Peyton Hildebrand

Arkansas Law Review

In a 5-4 opinion, the United States Supreme Court once again denied a Bivens action. This case involved a tragic crossborder shooting by a border patrol agent standing on United States soil, who shot and killed a young boy standing on Mexican soil. Petitioners, the boy’s parents, sought relief under Biven2, arguing the agent’s action violated the Constitution. However, the Court determined the cross-border shooting was a new Bivens context, which required an analysis of whether any special factors “counseled hesitation” for the cause of action to be extended. The Court concluded Bivens was inappropriate because several factors “counseled hesitation”—namely, …

Disintegrating The Enemy: The Pla’S Info-Messaging, Jacqueline N. Deal

The US Army War College Quarterly: Parameters

The DoD can exploit weaknesses in Chinese military attempts at political warfare, or “enemy disintegration,” most recently observed in PLA media on the subject of the pandemic. Targeted information efforts will signal the United States’ refusal to be intimidated, expose untruths in Chinese government messaging to its citizens, and reassure relevant third parties of US military resolve.

Technology And Strategic Surprise: Adapting To An Era Of Open Innovation, Audrey Kurth Cronin

The US Army War College Quarterly: Parameters

Technological revolutions affecting state power are either open or closed. The precursor to the digital age is not the twentieth century, with state-controlled programs yielding nuclear weapons, but the late nineteenth century, when tinkerers invented the radio, airplane, and high explosives—all crucial to subsequent wars. To avoid strategic surprise, the US government must take a broader view of how today’s open innovation is changing society and adapt.

Parameters Autumn: 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

The Covid-19 Enemy Is Still Advancing, Ryan J. Scott, Odelle J. Means, Patricia M. Shields

The US Army War College Quarterly: Parameters

The US military has a historical precedence for dealing with a pandemic while simultaneously conducting large-scale combat operations. Two twentieth-century examples assess the extent to which the military adapted operations following an influenza outbreak, and make clear military and civilian leaders must balance strategic objectives when facing threat multipliers such as COVID-19.

Training Better Arab Armies, Michael J. Eisenstadt, Kenneth M. Pollack

The US Army War College Quarterly: Parameters

US security force assistance missions to Arab partner states have had limited success, due in part to a tendency to impose American doctrine, which embodies American cultural values and norms, on Arab armed forces. Accordingly, US security force assistance missions should train Arab partners to fight in a manner better suited to their own cultural preferences and operational requirements.

The Us Army And The Pacific: Legacies And Challenges, David M. Finkelstein

The US Army War College Quarterly: Parameters

The Indo-Pacific will loom large in the future of the US Army. The region is increasingly important to myriad US national interests and is a major playing field for great-power competition. As it deepens its Pacific orientation, the Army has a rich institutional and operational legacy to draw upon, as well as encouraging recent initiatives that auger well for its ability to support the Joint Force in this critical part of the world.

Enduring Information Vigilance: Government After Covid-19, Nina Jankowicz, Henry Collis

The US Army War College Quarterly: Parameters

The framework of Enduring Information Vigilance will help ally and partner governments deny advantages adversaries gain through their use of information operations in our new global perpetual information environment. This approach recognizes the persistent threat, unifies responses within and between governments, and resolves societal fissures toward a more global democratic information environment.

A Bizarre Pair: Counterinsurgency Lessons For Cyber Conflict, Jason Healey

The US Army War College Quarterly: Parameters

The lessons of counterinsurgency have deeper implications for cyber conflict than previous research has identified. Two decades of experience in Iraq and Afghanistan provide insights into the cyber strategy of defending forward including treating major cybersecurity and technology companies as host-nation partners and focusing on winning the hearts and minds of global netizens.

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Publicly Accessible National Security Information Resources: An Untapped Treasure Trove, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation demonstrates the wide variety of publicly accessible U.S. Government national security information resources. It includes information on the U.S. constitutional foundations of national security policy, a recent annual defense spending bill, documents from the White House/National Security Council, Department of Defense, various military branches including professional military educational institutions, assorted U.S. intelligence agencies, congressional legislation, congressional committee reports on legislation, congressional committee hearings, and reports from congressional support agencies such as the Congressional Budget Office. It concludes by stressing the multiple benefits provided by having public access to these information resources.

The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey

Loyola of Los Angeles Law Review

No abstract provided.

Key Strategic Issues List (Ksil) 2021-2022, Steve Cunningham

Articles & Editorials

New for Academic Years 2021-2022, the USAWC has published an updated Key Strategic Issues List (KSIL). The KSIL informs students, faculty, and external research associates of strategic topics requiring research and analysis. The USAWC in coordination with Headquarters Department of the Army (HQDA), major commands throughout the Army, and the joint and interagency community has updated the Army's priorities for strategic analysis to address issues in the emerging strategic environment and to align with elements of the current Army Vision and Army Strategy. The USAWC will continue to address select topics as Integrated Research Projects and through other research efforts. …

Key Strategic Issues List (Ksil) 2021–2022, Steve Cunningham

Books, Monographs & Collaborative Studies

New for Academic Years 2021-2022, the USAWC has published an updated Key Strategic Issues List (KSIL). The KSIL informs students, faculty, and external research associates of strategic topics requiring research and analysis. The USAWC in coordination with Headquarters Department of the Army (HQDA), major commands throughout the Army, and the joint and interagency community has updated the Army's priorities for strategic analysis to address issues in the emerging strategic environment and to align with elements of the current Army Vision and Army Strategy. The USAWC will continue to address select topics as Integrated Research Projects and through other research efforts. …

Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee

International Journal of Nuclear Security

For four centuries, the law of the sea has rested on the principle of mare liberum or the freedom of the high seas. The oceans have traditionally been regarded as areas over which no state could claim dominion or sovereignty. Nations desirous of countering security threats have found that their efforts are curtailed by the traditional paradigm, partly because of the resistance from other states to permit further derogation. Several extant laws aim to contain the spread of CBRN (chemical, biological, radiological and nuclear) material through a variety of measures. Certain bilateral agreements between nations exist, but the foreign vessel …

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law and policy …

Civil Military Relations Panel, Joshua E. Kastenberg

Faculty Scholarship

In the first week of this month, the nation was surprised to learn that retired general officers (generals and admirals) including James Mattis, Colin Powell, Michael Glenn Mullen, and William McRaven (to name a few) spoke out against President Donald Trump’s response to demonstrations across the United States. President Trump threatened to unilaterally invoke the 1807 Insurrection Act and federalize the National Guard as well as use the active duty Armed Forces of the United States as a “super police force.”

The conduct of the retired generals is not without detractors. The Constitution was constructed with the idea that a …

Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi

Brooklyn Journal of Corporate, Financial & Commercial Law

Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …

A Taxonomy Of Cryptocurrency Enforcement Actions, Peter J. Henning

Brooklyn Journal of Corporate, Financial & Commercial Law

This article looks at how the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have pursued cases involving cryptocurrencies. A number of prosecutions have been brought against defendants who misled investors into believing that they were obtaining cryptocurrencies when in fact there were simply false statements and schemes to defraud, such as Ponzi schemes. When a company has attempted to issue a cryptocurrency to investors, the SEC has relied on Section 5(a) and 5(c) of the Securities Act of 1933 to require that issuers file a registration statement with the Commission. This is not an easy process …

Made In The Usa: Technological Corporatism, Infrastructure Regulation, And Dupont 1902-1917, Roman Y. Shemakov

Swarthmore Undergraduate History Journal

The turn of the twentieth century radically renewed industrial organization across the United States. Early American corporations -- centralized manufacturing hubs with journeymen and apprentices laboring under one roof -- were seldom prepared for the transformations that scientific management and structural reorganization would bring to social relations. At the helm of World War 1, DuPont became the epitome of broader national restructuring. Through a close relationship with American military industries and legislatures, the DuPont brothers came to represent Business as an inseparable component of the State. While labor historiography has primarily focused on organizers’ relationship with regulators, important segments of …