National Security Law and the Constitution

National Security Law and the Constitution

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2020-09-03

Total Pages: 1032

ISBN-13: 1543823416

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitutionprovides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering


Against Security

Against Security

Author: Harvey Molotch

Publisher: Princeton University Press

Published: 2014-08-24

Total Pages: 287

ISBN-13: 1400852331

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How security procedures could be positive, safe, and effective The inspections we put up with at airport gates and the endless warnings we get at train stations, on buses, and all the rest are the way we encounter the vast apparatus of U.S. security. Like the wars fought in its name, these measures are supposed to make us safer in a post-9/11 world. But do they? Against Security explains how these regimes of command-and-control not only annoy and intimidate but are counterproductive. Sociologist Harvey Molotch takes us through the sites, the gizmos, and the politics to urge greater trust in basic citizen capacities—along with smarter design of public spaces. In a new preface, he discusses abatement of panic and what the NSA leaks reveal about the real holes in our security.


Accountability for Violations of International Humanitarian Law

Accountability for Violations of International Humanitarian Law

Author: Jadranka Petrovic

Publisher: Routledge

Published: 2015-06-26

Total Pages: 396

ISBN-13: 1317669789

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International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.


United States Technology Export Control

United States Technology Export Control

Author: Douglas E. McDaniel

Publisher: Bloomsbury Publishing USA

Published: 1993-03-17

Total Pages: 316

ISBN-13: 1573568864

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This is a broad-ranging study of U.S. strategic export control policy. In particular, this book analyzes and evaluates the effectiveness of export controls in delaying the acquisition of militarily sensitive high technology by the Soviet Union and its allied states. Furthermore, the question of whether or not U.S. economic competitiveness in various high-technology sectors has been unduly undermined by export controls is also evaluated. Numerous official government studies and reports, supplemented by a host of interviews with government officials, businesspeople, and analysts in the United States and Europe are utilized in drawing conclusions and posting policy recommendations. The consequences for export control policy of the revolutionary political upheavals in Eastern Europe and the former U.S.S.R. are also addressed. The study concludes that the strategic/security goal of utilizing controls to hinder and delay the acquisition of militarily significant high technology by the former Soviet Union and its allied states was generally effective. More controversially McDaniel argues that export controls per se have not been a significant determinant of lagging U.S. competitiveness in high technology. However, this conclusion is qualified by the observation that while overall trends in U.S. high-technology exports to important trading partners do not suggest that controls by themselves have unduly hurt U.S. exporters, individual sectors and small firms may be disadvantaged. Finally, the study cautions that U.S. policy must adapt or risk becoming outmoded and increasingly ineffective. This book will be of interest to scholars and students of international relations, international political economy, and international business.


The Changing Face of Warfare in the 21st Century

The Changing Face of Warfare in the 21st Century

Author: Gregory Simons

Publisher: Routledge

Published: 2017-07-20

Total Pages: 278

ISBN-13: 1317039017

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This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.


Studies Combined: Cyber Warfare In Cyberspace - National Defense, Workforce And Legal Issues

Studies Combined: Cyber Warfare In Cyberspace - National Defense, Workforce And Legal Issues

Author:

Publisher: Jeffrey Frank Jones

Published: 2018-01-18

Total Pages: 2822

ISBN-13:

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Just a sample of the contents ... contains over 2,800 total pages .... PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention Airpower Lessons for an Air Force Cyber-Power Targeting ¬Theory IS BRINGING BACK WARRANT OFFICERS THE ANSWER? A LOOK AT HOW THEY COULD WORK IN THE AIR FORCE CYBER OPERATIONS CAREER FIELD NEW TOOLS FOR A NEW TERRAIN AIR FORCE SUPPORT TO SPECIAL OPERATIONS IN THE CYBER ENVIRONMENT Learning to Mow Grass: IDF Adaptations to Hybrid Threats CHINA’S WAR BY OTHER MEANS: UNVEILING CHINA’S QUEST FOR INFORMATION DOMINANCE THE ISLAMIC STATE’S TACTICS IN SYRIA: ROLE OF SOCIAL MEDIA IN SHIFTING A PEACEFUL ARAB SPRING INTO TERRORISM NON-LETHAL WEAPONS: THE KEY TO A MORE AGGRESSIVE STRATEGY TO COMBAT TERRORISM THOUGHTS INVADE US: LEXICAL COGNITION AND CYBERSPACE The Cyber Threat to Military Just-In-Time Logistics: Risk Mitigation and the Return to Forward Basing PROSPECTS FOR THE RULE OF LAW IN CYBERSPACE Cyberwarfare and Operational Art CYBER WARFARE GOVERNANCE: EVALUATION OF CURRENT INTERNATIONAL AGREEMENTS ON THE OFFENSIVE USE OF CYBER Cyber Attacks and the Legal Justification for an Armed Response UNTYING OUR HANDS: RECONSIDERING CYBER AS A SEPARATE INSTRUMENT OF NATIONAL POWER Effects-Based Operations in the Cyber Domain Recommendations for Model-Driven Paradigms for Integrated Approaches to Cyber Defense MILLENNIAL WARFARE IGNORING A REVOLUTION IN MILITARY AFFAIRS: THE NEED TO CREATE A SEPARATE BRANCH OF THE ARMED FORCES FOR CYBER WARFARE SPECIAL OPERATIONS AND CYBER WARFARE LESSONS FROM THE FRONT: A CASE STUDY OF RUSSIAN CYBER WARFARE ADAPTING UNCONVENTIONAL WARFARE DOCTRINE TO CYBERSPACE OPERATIONS: AN EXAMINATION OF HACKTIVIST BASED INSURGENCIES Addressing Human Factors Gaps in Cyber Defense Airpower History and the Cyber Force of the Future How Organization for the Cyber Domain Outpaced Strategic Thinking and Forgot the Lessons of the Past THE COMMAND OF THE TREND: SOCIAL MEDIA AS A WEAPON IN THE INFORMATION AGE SPYING FOR THE RIGHT REASONS: CONTESTED NORMS IN CYBERSPACE AIR FORCE CYBERWORX REPORT: REMODELING AIR FORCE CYBER COMMAND & CONTROL THE CYBER WAR: MAINTAINING AND CONTROLLING THE “KEY CYBER TERRAIN” OF THE CYBERSPACE DOMAIN WHEN NORMS FAIL: NORTH KOREA AND CYBER AS AN ELEMENT OF STATECRAFT AN ANTIFRAGILE APPROACH TO PREPARING FOR CYBER CONFLICT AIR FORCE CYBER MISSION ASSURANCE SOURCES OF MISSION UNCERTAINTY Concurrency Attacks and Defenses Cyber Workforce Retention


Chinese Legality

Chinese Legality

Author: Shiping Hua

Publisher: Taylor & Francis

Published: 2022-12-30

Total Pages: 266

ISBN-13: 1000826600

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Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.


The Ashgate Research Companion to Military Ethics

The Ashgate Research Companion to Military Ethics

Author: James Turner Johnson

Publisher: Routledge

Published: 2016-03-23

Total Pages: 467

ISBN-13: 1317042611

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This Companion provides scholars and graduates, serving and retired military professionals, members of the diplomatic and policy communities concerned with security affairs and legal professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume.


A Practical Introduction to Homeland Security and Emergency Management

A Practical Introduction to Homeland Security and Emergency Management

Author: Bruce Oliver Newsome

Publisher: SAGE Publications

Published: 2015-09-24

Total Pages: 633

ISBN-13: 1506330827

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A Practical Introduction to Homeland Security and Emergency Management: From Home to Abroad offers a comprehensive overview of the homeland security field, examining topics such as counter-terrorism, border and infrastructure security, and emergency management. Authors Bruce Newsome and Jack Jarmon take a holistic look at the issues and risks, their solutions, controls, and countermeasures, and their political and policy implications. They also demonstrate through cases and vignettes how various authorities, policymakers and practitioners seek to improve homeland security. The authors evaluate the current practices and policies of homeland security and emergency management and provide readers with the analytical framework and skills necessary to improve these practices and policies.