Early in the history of the Republic, the delegates to the Constitutional Convention and the members of the subsequent Congresses understood that the President required power to execute the laws of the land. Under authority of the Militia Clause,...
The prosecution of war has always been tempered by constraints, both real and artificial. These constraints are described by Clausewitz as the factors which prevent the conduct of absolute war. These factors include moral and professional codes of...
This thesis assumes that the United States will continue to utilize unmanned combat robotic systems in the current operational environment (COE). The United States' military's increased use of unmanned robotic systems will not significantly change...
Serves as a practical guide for officers of the Army of the United States in administering the "laws of war" and the application of correct legal principles to situations involving military government, martial law, and domestic disturbances.
Computer network attack ushered in change for the profession of arms. Militaries achieve effects using computers, previously attained only through physical destruction. Computer network attack's problem is it operates outside the observable...
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans’ organizations...
The most notorious period of the French-Algerian War was the Battle of Algiers. The war was brought on by many developments beginning with the original French invasion in 1830 and subsequent annexation of Algeria as part of the French empire....
An increasing number of schools are not releasing ASVAB scores to military recruiters. In 2004, 3.8 percent of test scores were not released, compared to 13.91 percent in 2011. The decision to release scores is made by school officials. Policies...
The United States today finds itself in a turbulent era of failing and underdeveloped states. When a population either threatens or undertakes an overthrow of their government, the government will often request United States assistance for...
This research presents an analysis of U.S. laws surrounding terrorism to assess the effect they have on military operations in asymmetric conflicts. Modern conflicts utilize unconventional approaches, such as co-opting or informing, as decisive...
This study examines the historical precedents and the laws that allow federal troops to combat domestic enemies, the current environment that may call for the use of active duty forces, and a model that can be used to deal with domestic...
The purpose of the study will address the legal restrictions placed on Title-10 military intelligence support to civilian authorities within the United States conducting counterdrug and counterterrorism operations. The National Defense Strategy...
This paper addresses the principles and sources of laws of land warfare. The author discusses assumptions, the forces, hostilities, spying and war treason, prisoners of war, the sick/wounded/dead, martial law, military government, military...
After 9/11 the Department of Homeland Security (DHS) was established and has responsibility for natural disasters and first response to acts on domestic soil. A primary tool available to both DHS and the Department of Defense is the National Guard...
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased...
These are reports regarding the various questions of law arising during the military occupation of the islands ceded or yielded by Spain under the Treaty of Paris.
This study investigates the legal use of terror as a weapon to accomplish national goals and objectives. This study does not advocate using terrorism. Terrorism, for the purpose of this paper, is illegal. Legal terror, by my criteria, conforms to...