Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

3,396 Full-Text Articles 2,947 Authors 5,757,215 Downloads 146 Institutions

All Articles in National Security Law

Faceted Search

3,396 full-text articles. Page 46 of 127.

The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. DeRosa, Ashley Nicolas 2019 Georgetown University Law Center

The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. Derosa, Ashley Nicolas

Georgetown Law Faculty Publications and Other Works

There is no more consequential decision for a president than ordering a nuclear strike. In the Cold War, the threat of sudden nuclear annihilation necessitated procedures emphasizing speed and efficiency and placing sole decision-making authority in the president’s hands. In today’s changed threat environment, the legal authorities and process a U.S. president would confront when making this grave decision merit reexamination. This paper serves as a resource in the national discussion about a president’s legal authority and the procedures for ordering a nuclear strike, and whether to update them.


Norway's Lessons, Harald Hoiback 2019 US Army War College

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.


Article Index, USAWC Press 2019 US Army War College

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Taking The War Colleges From Good To Great, Richard D. Hooker Jr. 2019 US Army War College

Taking The War Colleges From Good To Great, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Winter 2019 – 2020, USAWC Press 2019 US Army War College

Parameters Winter 2019 – 2020, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Denmark's Lessons, Sten Rynning 2019 US Army War College

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.


From The Editor, Antulio J. Echevarria II 2019 US Army War College

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Making The War Colleges Better, Richard A. Lacquement Jr 2019 US Army War College

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.


Australia's Lessons, Rhys Crawley 2019 US Army War College

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.


Educating Strategic Lieutenants At West Point, Scott A. Silverstone 2019 US Army War College

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.


Book Reviews, USAWC Press 2019 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman 2019 Purdue University

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …


Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood 2019 Western University

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …


The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz 2019 Georgetown Law

The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz

Northwestern Journal of Law & Social Policy

The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …


The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely 2019 Benjamin N. Cardozo School of Law

The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely

Cardozo International & Comparative Law Review

The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.


Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward 2019 Gettysburg College

Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward

Student Publications

The U.S.-Mexico border is a space for public debate on the legal and political aspects of immigration. Politicization of the southern border has resulted in polarized public opinion regarding immigration, leading to discrepancies between public perceptions of the Border Patrol and agents’ perceptions of their job. Agents’ work requires emotional labor, and lack of training for difficult encounters, pressure within the agency to detach from emotions, and public outcry lead to dissonance in agent perceptions of their own role in immigration enforcement. In addition, economic, ethnic, and gender-based factors contribute to agent identities, which intersect with perceptions of their roles …


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr. 2019 College of Charleston

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …


What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies 2019 Roger Williams University School of Law

What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Functional Secrecy, Laura K. Donohue 2019 Georgetown University Law Center

Functional Secrecy, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Many theorists consider secrecy inimical to liberal democracy. Precise examination of the role that it plays in contemporary government, however, including its strengths and weaknesses, has been limited. This chapter, accordingly, lays out a functional theory of secrecy, considering its role in the three branches of government in four contexts: deliberation, information security, law, and adjudicatory processes. Whether and to what extent cloaking information advances the interests of the state and society varies according to how it operates in each category. First, deliberative secrecy carries significant advantages: it can facilitate informed debate and honest exchange, allowing individuals to alter their …


Digital Commons powered by bepress