Shaping US Military Law

Shaping US Military Law PDF Author: Joshua E. Kastenberg
Publisher: Routledge
ISBN: 1317055772
Category : Law
Languages : en
Pages : 447

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Book Description
Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Shaping US Military Law

Shaping US Military Law PDF Author: Joshua E. Kastenberg
Publisher: Routledge
ISBN: 1317055772
Category : Law
Languages : en
Pages : 447

Get Book Here

Book Description
Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Shaping the Battlefield

Shaping the Battlefield PDF Author: Jocelyn Stewart
Publisher:
ISBN: 9781732468269
Category :
Languages : en
Pages :

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Book Description
Motions shape the battlefield of courtroom practice. Whether providing advanced knowledge of the admissibility of alleged prior bad acts by a client or seeking a ruling on a proposed panel instruction, motions in military practice are instrumental in preparing for the war of a court-martial trial. Failing to approach motions practice as a pivotal step in shaping the battlefield for the war of a court-martial trial does a disservice to one's client. This book dares you to step away from the "shared drive" and instead to take a fresh approach with each motion for every case. I have dissected my own process and am providing the insight that I derived for your benefit in the form of this book. My law firm's mantra is that we want to be where we can do the most good. My goal for this book is the same: to elevate the practice. One motion at a time.

Military Statecraft and the Rise of Shaping in World Politics

Military Statecraft and the Rise of Shaping in World Politics PDF Author: Kyle J. Wolfley
Publisher: Rowman & Littlefield
ISBN: 1538150654
Category : Political Science
Languages : en
Pages : 269

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Book Description
Winner of the Andrew F. Krepinevich Writing Award A 2022 Choice Reviews Outstanding Academic Title Selected for the Irregular Warfare Initiative’s Inaugural Reading List (2022) In today’s complex international environment, how do the United States, China, and Russia manage the return of great power competition as well as the persistent threat of violent non-state actors? This book explores "shaping": the use of military power to construct a more favorable environment by influencing the characteristics of other militaries, altering the relationships between them, or managing the behavior of allies. As opposed to traditional strategies of warfighting or coercion, shaping relies less on threats, demonstrations, and uses of violence and more on attraction, persuasion, and legitimacy. Because shaping relies more on soft power than on hard power, this approach contradicts the conventional wisdom of the purpose militaries serve. Kyle J. Wolfley explores the emergence of shaping in classical strategy and its increased frequency following the end of the Cold War when threats and allies became more ambiguous. He illustrates the four logics of shaping—attraction, socialization, delegation, and assurance—through five case studies of recent major military exercise programs led by the United States, China, India, the United Kingdom, and Russia. Moreover, the author reveals through sentiment analysis and statistics of over one thousand multinational exercises from 1980 to 2016 how major powers reacted to a complex international environment by expanding the number and scope of shaping exercises. Illuminating an understudied but surprisingly common tool of military statecraft, this book offers a fresh understanding of military power in today's competitive international system.

Military Coercion and US Foreign Policy

Military Coercion and US Foreign Policy PDF Author: Melanie W. Sisson
Publisher: Routledge
ISBN: 1000056872
Category : Political Science
Languages : en
Pages : 218

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Book Description
This book examines the use of military force as a coercive tool by the United States, using lessons drawn from the post-Cold War era (1991–2018). The volume reveals that despite its status as sole superpower during the post-Cold War period, US efforts to coerce other states failed as often as they succeeded. In the coming decades, the United States will face states that are more capable and creative, willing to challenge its interests and able to take advantage of missteps and vulnerabilities. By using lessons derived from in-depth case studies and statistical analysis of an original dataset of more than 100 coercive incidents in the post-Cold War era, this book generates insight into how the US military can be used to achieve policy goals. Specifically, it provides guidance about the ways in which, and the conditions under which, the US armed forces can work in concert with economic and diplomatic elements of US power to create effective coercive strategies. This book will be of interest to students of US national security, US foreign policy, strategic studies and International Relations in general.

Can Might Make Rights?

Can Might Make Rights? PDF Author: Jane Stromseth
Publisher: Cambridge University Press
ISBN: 1139458701
Category : Law
Languages : en
Pages : 393

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Book Description
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.

Guiding Principles for Stabilization and Reconstruction

Guiding Principles for Stabilization and Reconstruction PDF Author: United States Institute of Peace
Publisher: US Institute of Peace Press
ISBN: 1601270461
Category : History
Languages : en
Pages : 244

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Book Description
Claude Chabrol's second film follows the fortunes of two cousins: Charles, a hard-working student who has arrived in Paris from his small hometown; and Paul, the dedicated hedonist who puts him up. Despite their differences in temperament, the two young men strike up a close friendship, until an attractive woman comes between them.

Tallinn Manual on the International Law Applicable to Cyber Warfare

Tallinn Manual on the International Law Applicable to Cyber Warfare PDF Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1107024439
Category : Law
Languages : en
Pages : 303

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Book Description
The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.

Lawfare

Lawfare PDF Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263571
Category : History
Languages : en
Pages : 505

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Book Description
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

The Sling and the Stone

The Sling and the Stone PDF Author: Thomas X. Hammes
Publisher: Zenith Press
ISBN: 1616737557
Category : History
Languages : en
Pages : 336

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Book Description
4GW (Fourth Generation Warfare) is the only kind of war America has ever lost. And we have done so three times – in Vietnam, Lebanon, and Somalia. This form of warfare has also defeated the French in Vietnam and Algeria, and the USSR in Afghanistan…As the only Goliath left in the world, we should be worried that the world’s Davids have found a sling and stone that work." – Chapter 1, The Sling and the Stone: On War in the 21st Century. The War in Iraq. The War on Terror. These types of "asymmetrical" warfare are the conflicts of the 21st century – and show how difficult it is for the world's remaining superpower to battle insurgents and terrorists who will fight unconventionally in the face of superior military power. This change in military conflict may seem sudden.

The Military Policy of the United States

The Military Policy of the United States PDF Author: Emory Upton
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 534

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Book Description