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Main Articles, Volume 14

How the Erosion of U.S. War Powers Constraints Has Undermined International Law Constraints on the Use of Force

Oona A. Hathaway[*] [This essay is available in PDF at this link] The last several decades have witnessed a dramatic decline in the capacity of the U.S. Congress to constrain the president’s unilateral decisions to send the United States to war. That erosion of congressional authority has accelerated since the terrorist attacks of September 11, 2001. Today, Congress’s ability to limit the exercise of presidential decisions to deploy force abroad is highly constrained. Presidents of both parties have expansively interpreted presidential authority to make decisions to use force, and Congress has proven unable or unwilling to insist on playing its formal […]

Main Articles, Volume 14

Strict Subordination: The Origins of Civil Control of Private Military Power in State Constitutions

Alden A. Fletcher[*] [This essay is available in PDF at this link] The resurgence of private militias claiming the protection of the Second Amendment raises a startling question: is the United States a country without a legal monopoly on the use of force? Perhaps not. The constitutions of forty-eight states contain strict subordination clauses that declare, in one way or another, that “in all cases the military should be under strict subordination to, and governed by, the civil power.” This strict subordination clause has attracted attention as part of efforts to regulate and prohibit private militias, but it has been largely

Main Articles, Volume 14

Back to Basics: The Benefits of Paradigmatic International Organizations

by Kristina Daugirdas & Katerina Linos[*] [Full text of this Article in PDF is available at this link] In the early 2000s, small “coalitions of the willing,” flexible networks, and nimble private-public partnerships were promoted as alternatives to bureaucratic, consensus-seeking, and slow-moving international organizations. The Global Fund to Fight AIDS, Tuberculosis and Malaria was established as an efficient alternative to the lumbering World Health Organization. The Basel Committee, the Financial Stability Forum, and the Financial Action Task Force were lauded as global market regulators. The Pompidou Group, the Dublin Group, and Interpol were touted as effective police networks in the battle

Online Edition

National Security and Domestic Terrorism: The Legal and Legal Policy Implications of Creating a Domestic Terrorism Organization List

Thomas Edward Brzozowski[1]* [This essay is available in PDF at this link] I. Introduction The terrorist attacks of 9/11 radically altered the U.S. counter-terrorism apparatus and resulted in the creation of a host of new governmental departments and agencies tasked with safeguarding the country against the scourge of international terrorism. By many accounts, however, domestic terrorism remains the greater threat. According to a recently released Office of the Director of National Intelligence (ODNI) report on domestic violent extremism, domestic violent extremists “pose an elevated threat to the Homeland in 2021.”[2] During his testimony before the House Judiciary Committee in February 2020, FBI

Online Edition

Exploring the Application of Force Majeure for AI Mistakes in Armed Conflict

Fatemah Albader[*] [This essay is available in PDF at this link] Introduction With the fast-evolving and increasing reliance on artificial intelligence (AI) technology in armed conflict, the question of when a state may be held responsible for AI mistakes is no longer a question for science fiction. Today, every sector – public or private – displays some dependency on AI. The healthcare industry utilizes AI to perform surgical tasks.[1] The education sector uses AI to provide individualized education to students.[2] On the more controversial front, AI is being developed to fuel the next generation of combatants, otherwise known as lethal autonomous

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