Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees,
2015
Loyola Marymount University and Loyola Law School
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare,
2015
Loyola Marymount University and Loyola Law School
Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson
Loyola of Los Angeles Law Review
Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …
Constitutionalism And The Foundations Of The Security State,
2015
Cornell Law School
Constitutionalism And The Foundations Of The Security State, Aziz Rana
Cornell Law Faculty Publications
Scholars often argue that the culture of American constitutionalism provides an important constraint on aggressive national security practices. This Article challenges the conventional account by highlighting instead how modern constitutional reverence emerged in tandem with the national security state, critically functioning to reinforce and legitimize government power rather than primarily to place limits on it. This unacknowledged security origin of today’s constitutional climate speaks to a profound ambiguity in the type of public culture ultimately promoted by the Constitution. Scholars are clearly right to note that constitutional loyalty has created political space for arguments more respectful of civil rights and …
No. 9 - Cybersecurity And National Defense: Building A Public-Private Partnership,
2015
University of Georgia School of Law
No. 9 - Cybersecurity And National Defense: Building A Public-Private Partnership, Rebecca H. White, C. Donald Johnson, Loch K. Johnson, Quentin E. Hodgson, Jamil Jaffer, Clete D. Johnson, Victoria Woodbine, Timothy L. Meyer, Adam Golodner, Barry Hensley, Andrea Matwyshyn, Jacob Olcott
Occasional Papers Series
Organized and sponsored by the Dean Rusk Center for International Law and Policy, Cybersecurity and National Defense: Building a Public-Private Partnership was a daylong conference exploring issues related to the national security dimensions of cyber attacks as well as the role of the private sector in addressing cybersecurity risks. The overarching theme was the scope of public-private collaboration in addressing cybersecurity risks and the potential for future cooperation between government and the private sector. Clete D. Johnson, Chief Counsel for Cybersecurity at the Federal Communications Commission gave a lunchtime address on the FCC’s approach to communications security in the Internet …
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule,
2015
Loyola Marymount University and Loyola Law School
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
National Security Information Disclosures And The Role Of Intent,
2015
William & Mary Law School
National Security Information Disclosures And The Role Of Intent, Mary-Rose Papandrea
William & Mary Law Review
In the public discourse, the perceived intent of those who disclose national security information without authorization plays an important role in whether they are labeled as heroes or traitors. Should it matter whether Chelsea (formerly Bradley) Manning leaked government information to WikiLeaks knowing that our enemies might benefit from the information? Is it relevant that Edward Snowden believed—or that a reasonable person would believe—that the topsecret government surveillance programs he revealed were illegal, or that the public value in knowing about these programs outweighed any risk of harm to national security? This Article examines whether intent—and what kind of intent— …
The Legality Of President Reagan's Proposed Space-Based Ballistic Missile Defense System,
2015
University of Georgia School of Law
The Legality Of President Reagan's Proposed Space-Based Ballistic Missile Defense System, John Topping
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations,
2015
Brigham Young University Law School
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, H. Brendan Burke
Brigham Young University International Law & Management Review
No abstract provided.
Fighting The "Islamic State" The Case For Us Ground Forces,
2015
US Army War College
Fighting The "Islamic State" The Case For Us Ground Forces, David E. Johnson
The US Army War College Quarterly: Parameters
No abstract provided.
Megacities And The Us Army,
2015
US Army War College
Megacities And The Us Army, Willam G. Adamson
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor,
2015
SSI
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Ethics And Army Leadership: Climate Matters,
2015
US Army War College
Ethics And Army Leadership: Climate Matters, Charles D. Allen
The US Army War College Quarterly: Parameters
No abstract provided.
The Case Against Megacities,
2015
US Army War College
The Case Against Megacities, Michael Evans
The US Army War College Quarterly: Parameters
No abstract provided.
Learning From The Past, Looking To The Future,
2015
US Army War College
Learning From The Past, Looking To The Future, Matthew Morton
The US Army War College Quarterly: Parameters
No abstract provided.
The Individualization Of American Warfare,
2015
US Army War College
The Individualization Of American Warfare, Glenn J. Voelz
The US Army War College Quarterly: Parameters
No abstract provided.
Military Innovation And Military Culture,
2015
US Army War College
Military Innovation And Military Culture, Andrew Hill
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply,
2015
US Army War College
Commentary And Reply, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The Case For Megacities,
2015
US Army War College
The Case For Megacities, Kevin M. Felix, Frederick D. Wong
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews,
2015
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Small Forces And Crisis Management,
2015
US Army War College
Small Forces And Crisis Management, Benjamin M. Jensen
The US Army War College Quarterly: Parameters
No abstract provided.
