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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.
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.
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.
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.
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.
The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
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 Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.