Staff & Faculty Publications

Books

The Centaur’s Dilemma—National Security Law for the Coming AI Revolution. Brookings Institution Press, 2020.

In the Common Defense: National Security Law for Perilous Times. Cambridge University Press, 2007.

Regulating Covert Action. Yale University Press, 1992. (With M. Reisman.)

Chapters

“From Horses to Hammers: Homeland Security in Law, Doctrine, and Text.” In Sourcebook for Public Private Partnerships for Security and Resilience. Ed. S. Ginsburg. American Bar Association, 2017. 

“Bridging the Gap (Foreword).” In The US Intelligence Community Law Sourcebook, Third Edition. Eds. A.R. Pearlman, A.M. Borene, & H. Rishikof. American Bar Association, 2017.

“From Cold War to Long War to Gray War: Covert Action in US Legal Context.” In Essentials of Strategic Intelligence. Ed. L. Johnson. Clio, 2015.

“On Evidence (Foreword).” In Military Rules of Evidence Manual, Eighth Edition. Eds. S. Saltzburg, et al. LexisNexis 2015.

“National Security Process.” In National Security Law, Third Edition. Eds. J.N. Moore & R.F. Turner. Carolina Academic Press, 2015.

“Fair Justice/Good Order: The Why, the What, the How, and Maybe Even the Whether of Military Justice (Foreword).” In Court-Martial Procedure, Fifth Edition. Eds. F. Gilligan & F. Lederer. Matthew Bender, 2015.

“Foreword.” In Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States. Ed. M. Ballin. TMC Asser Press/Springer 2012.

“Exercising Discretion in the Middle Grey: Model Rules and Role Models in the Ethical Practice of National Security Law.” In The US Intelligence Community Law Sourcebook. Ed. A.M. Borene. American Bar Association,

“Prelude to Decision: Michael Reisman, the Intelligence Function, and a Scholar’s Study of Intelligence in Law, Process, and Values.” In Looking to the Future: Essays on International Law in Honor of W. Michael Reisman. Brill, 2010.

“Covert Action: United States Law in Substance, Process, and Practice.” In The Oxford Handbook Of National Security Intelligence. Ed. L.K. Johnson. Oxford University Press, 2010.

“From Cold War to Long War: Covert Action in US Legal Context.” In Strategic Intelligence. Ed. L. Johnson. Greenwood, 2007.

“National Security Process.” In National Security Law. Eds. J.N. Moore, et. al. Carolina Academic Press, 2005.

Articles

“The NSC in Transition: Organizing the National Security Council, Process, and Staff.” The Next Administration, ABA Standing Committee on Law and National Security (November 2016).

“The Importance of Building Fires: Lessons Learned as a Judge on the United States Court of Appeals for the Armed Forces.” The Journal of Appellate Practice and Process (Spring 2015).

“What Process Is Due: The Role of Judging in National Security (The Judge Leonard I. Garth Lecture).” Rutgers Law Review, 67 Spring 2015.

“Is Military Justice Sentencing on The March? Should It Be? And, If So, Where Should It Head?” Court-Martial Sentencing Process, Practice and Issues, Federal Sentencing Reporter 27:2 (2015).

“Process, Practice, and Principle: Teaching National Security Law and The Knowledge That Matters Most.” Journal of Legal Ethics, 27:2 (2014).

“The Master Mason: How Professor Baldus Built a Bridge from Learning to Law and the Legacy of Equal Justice He Leaves Behind.” Iowa Law Review, 97 (2012).

“Jupiter as Everyman: Michael Reisman and the Scholar as Teacher.” Yale Journal of International Law, 34 (2009).

“A Running Start: Getting ‘Law Ready’ During a Presidential Transition.” ABA National Security Law Report 30 (2008).

“The Twenty-Year Test: Principles For an Enduring Counterterrorism Legal Architecture.” Journal of the ACS Issue Groups, 2:2 (2008).

“What’s International Law Got to Do With It? Transnational Law and the Intelligence Mission.” Michigan Journal of International Law, 28 (2007).

“Internet Pandemic? The Not-So-Secret and Expanding World Of Child Pornography.” Federal Law, 53 (2006). (With M. Krebs-Pilotti.)

“Letter of Appreciation: Peter Murphy Retires After a Lifetime of Dedication as Counsel to the Commandant of the Marine Corps.” Federal Law, 52 (2005).

“LBJ’s Ghost: A Contextual Approach to Targeting Decisions and the Commander in Chief.” Chicago Journal of International Law, 4 (2003).

“The National Security Presidency in Constitutional Context: Reflections on Terrorism and the Presidency from the Last Ten Years.” Miller Center Report, 19 (2003).

“The Constitutional Duty of a National Security Lawyer in a Time of Terror.” Public Law, 11 (2003).

“Constitutional Dignity and the Criminal Law.” Military Law Review, 174 (2002).

“National Security Process and a Lawyer’s Duty.” Military Law Review, 173 (2002).

“Ordered Liberty and the Homeland Security Mission.” Public Law, 10 (2002).

“When Lawyers Advise Presidents in Wartime: Kosovo and the Law of Armed Conflict.” Naval War College Review (Winter 2002).

 

Books & Monographs

Constitutional Law: Structure and Rights in Our Federal System, 7th Edition. Carolina Academic Press, 2018. (With R. Smolla.)

Previous editions: 1987 (1st, with D. Braveman); 1991 (2nd, with D. Braveman & R. Smolla); 1996 (3rd, with D. Braveman & R. Smolla); 2000 (4th, with D. Braveman & R. Smolla); 2005 (5th, with D. Braveman & R. Smolla); 2010 (6th, with R. Smolla).

Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard UP, 2016. (With Stephen Dycus.)

Counterinsurgency Law: New Directions in Asymmetric Warfare. Editor. New York: Oxford UP, 2012.

Counterterrorism Law, 4rd Ed. New York: Aspen, 2020. (With Stephen Dycus, Peter Raven-Hansen, & Stephen I. Vladek.)

Previous editions: 2007 (1st, with Dycus & Raven-Hansen); 2012 (2nd, with Dycus & Raven-Hansen); 2016 (3rd, with Dycus, Raven-Hansen, & Vladek)

National Security Law, 7th Edition. New York: Aspen, 2020. (With Stephen Dycus, Peter Raven-Hansen, & Stephen I. Vladek.)

Previous editions: 1990 (1st, with with Dycus, Raven-Hansen, & Arthur Berney); 1997 (2nd, with Dycus, Raven-Hansen, & Berney); 2002 (3rd, with Dycus, Raven-Hansen, & Berney); 2007 (4th, with Dycus, Raven-Hansen, & Berney); 2011 (5th, with Dycus & Raven-Hansen); 2016 (6th, with with Dycus & Raven-Hansen)

Supplements: 2019-2020, 2018-2019, 2014-2015, 2013-2014, 2011-2012, 2010, 2009, 2006, 2005, 2004, 2003

New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare. Editor. New York: Columbia University Press, 2011. (Nominated for the American Bar Association Silver Gavel Award.)

Combating Terrorism. Washington, D.C.: Congressional Quarterly Press, 2007. (With Mitchel Wallerstein & Renée de Nevers.)

National Security Law and the Power of the Purse. New York: Oxford University Press, 1994. (With Peter Raven-Hansen.)

Book Chapters & Reference Book Entries

“Improving Disaster Risk Mitigation: Towards a ‘Multi-Hazard’ Approach to Terrorism” in The Cambridge Handbook of Disaster Risk Reduction and International Law. Eds. K.L.H. Samuel, M. Aronsson-Storrier, & K. Nakjavani Bookmiller. Cambridge UP, 2019.

“Who Did It? Attribution of Cyber Intrusions and the Jus In Bello.” In The Impact of Emerging Technologies on the Law of Armed Conflict (Lieber Series 3). Eds. M.A.J. Ronald, T.P. Alcala, & E. Talbot Jensen. Oxford University Press, forthcoming 2019.

“Law Enforcement by Military Means in the United States: Soldiers as Peacekeepers and Cops, Cops as Soldiers.” In Rechtsdurchsetzung mit Militärischen Mitteln: Inlandseinsätze der Armee und Militarisierung der Polizei (Law Enforcement by Military Means: Domestic Operations of the Army and Militarization of the Police). Eds. U. Kischel & S. Graf von Kielmansegg. Tübingen, Germany: Mohr Siebeck, 2018.

“Developing Norms for Cyber Conflict.” In Research Handbook on Remote Warfare. Ed. J. Ohlin. Edward Elgar, 2017.

“An Emerging International Legal Architecture for Cyber Conflict.” Research Handbook on the Politics of International Law. Eds. W. Sandholtz & C. Whytock. Edward Elgar, 2017.

 “Predator Strikes in the War on Terrorism.” In Security Issues in the Greater Middle East. Ed. K. Yambert. Santa Barbara, CA: Praeger, 2016.

“Regulating Drones: Military Law and CIA Practice and the Shifting Challenges of New Technologies.” In Drone Wars
: Transforming Conflict, Law, & Policy. Eds. Peter Bergen & Daniel Rothenberg. New York, NY: Cambridge UP, 2015.

“Law and Terrorism in the US and Beyond.” In The International Encyclopedia of the Social and Behavioral Science, 2nd Edition. Ed. James D. Wright & Peter Schmidt. Amsterdam, The Netherlands: Elsevier, 2014.

“Perpetual Peace: Kant’s Rules for Warfare in the Contemporary World.” In Perpetual Peace: Re-Drafting Kant’s 1795 Essay for the Contemporary World. Eds. Rosi Braidotti & Gregg Lambert. redraftingperpetualpeace.org

“The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare.” Israel Yearbook of Human Rights Vol. 43. Eds. Yoram Dinstein & Fania Domb. Leiden, The Netherlands: Brill, 2013.

“Shaping a Global Legal Framework for Counterinsurgency: Placing Postmodern War in Context.” In Counterinsurgency Law: New Directions in Asymmetric Warfare. Ed. William Banks. New York: Oxford University Press, 2013.

“Exceptional Courts in Counterterrorism: Lessons from the Foreign Intelligence Surveillance Act (FISA).” In Guantanamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective. Eds. Oren Gross & Fionnuala Ni Aolain. Cambridge, UK: Cambridge UP, 2013.

“Terrorism in Argentina: Government as its Own Worst Enemy” in Global Anti-Terrorism Law and Policy, 2nd ed. Eds. Victor Ramraj, Michael Hor, & Ken Roach. Cambridge, UK: Cambridge University Press, 2012. (With Alejandro Carrio.)

“United States Responses to 9/11.” In Global Anti-Terrorism Law and Policy, 2nd Edition. Eds. Victor Ramraj, Michael Hor, & Ken Roach. Cambridge, UK: Cambridge University Press, 2012.

“Programmatic Surveillance and FISA: Of Needles in Haystacks.” In Espionage and Intelligence (Current Controversies). Ed. Sylvia Engdahl. Westport, CT: Greenhaven, 2012.

“A Brief History of the Field of National Security Law.” In National Security Law: Fifty Years of Transformation (An Anthology). Ed. Jill D. Rhodes. Chicago: ABA Publishing, 2012. (With Peter Raven-Hansen & Stephen Dycus.)

“Foreword.” In Making Sense of Proxy Wars: States, Surrogates, and the Use of Force. Ed. Michael Innes. Dulles, VA: Potomac Books, 2012.

“Toward an Adaptive International Humanitarian Law: New Norms for New Battlefields.” In New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare. Ed. William Banks. New York: Columbia University Press. 2011.

“Who’s in Charge: The Role of the Military in Disaster Response.” In Disaster Law. Eds. Daniel A. Farber & Michael G. Faure. Cheltenham, UK: Edward Elgar Publishing, 2010.

“New Battlefields/Old Laws.” In The Global Impact of Terrorism 2008. Eds. Boaz Ganor & Eitan Azani. Herzliya, Israel: International Institute for Counter-Terrorism, 2010.

“Legal Sanctuaries and Predator Strikes in the War on Terror.” In Denial of Sanctuary: Understanding Terrorist Safe Havens. Ed. Michael Innes. Westport, CT: Praeger, 2007.

“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct the Terrorism Act of 2001 (USA PATRIOT Act).” In The Encyclopedia of Privacy, Vol. 2. Ed. William Staples. Westport, CT: Greenwood, 2006.

“General Warrants.” In The Encyclopedia of American Civil Liberties, Volume 2 (G-Q). Ed. Paul Finkelman. New York: Routledge, 2006.

“Treaties and Treaty Power.” In The Oxford Companion to the Supreme Court of the United States, 2nd Edition. Ed. Kermit Hall. New York: Oxford University Press, 2005.

“Peacekeeping in Bosnia.” In Terrorism and Peacekeeping: New Security Challenges. Ed. Volker Franke. Westport, CT: Greenwood Press, 2004. (With Jeffery Straussman.)

“To Prevent and Deter International Terrorism.” In Terrorism and Peacekeeping: New Security Challenges. Ed. Volker Franke. Westport, CT: Greenwood Press, 2004.

“The Predator.” In Terrorism and Peacekeeping: New Security Challenges. Ed. Volker Franke. Westport, CT: Greenwood Press, 2004. (With Jeffery Straussman.)

“Foreign Intelligence Surveillance Act.” In Major Acts of Congress. Ed. Brian Landsberg. New York: Macmillan Reference, 2003.

“The Treaty Power in the Supreme Court.” In The Oxford Companion to the Supreme Court of the United States. Ed. Kermit Hall. New York: Oxford University Press, 1992.

“A New Imperial Presidency? Insights from United States Involvement in Bosnia.” In The New American Interventionism: Lessons From Successes and Failures. Ed. Demetrios James Caraley. New York: Columbia University Press, 1999. (With Jeffery Straussman).

“The First Use of Nuclear Weapons: The Constitutional Role of a Congressional Leadership Committee.” In First Use of Nuclear Weapons: Under the Constitution, Who Decides? Ed. Peter Raven-Hansen. Westport, CT: Greenwood, 1987.

Articles, Proceedings, & White Papers

“Cyber Attribution and State Responsibility.” International Law Studies, 97 (2021).

“Back from the Abyss: The US Presidential Election, Democracy, and the Rule of Law.” Journal of Parliamentary and Political Law (2021).

“Implied Presidential and Congressional Power,” Cardozo Law Review, 41:4 (with David Driesen).

Hybrid Threats, Terrorism, and Resilience Planning. International Centre for Counter-Terrorism Perspective (2019). (With K. Samuel.)

“The Bumpy Road to a Meaningful International Law of Cyber Attribution.” American Journal of International Law Unbound, 114 (2019). Symposium on Attribution of Cyber Attacks.

“‘Our Democracy Itself is in the Cross Hairs’: Why Election Security Matters in the United States.” Journal for Parliamentary and Political Law 2019.

“Legal Analysis of ‘Cabinet Memo’ on the Military’s Role a Southern Border,” Just Security (Nov. 26, 2018).

“Next Generation Electronic Surveillance Law: Imagining the Future.” Connecticut Law Review, 49:5 (Sept. 2017).

“State Responsibility and Attribution of Cyber Intrusions after Tallinn 2.0.” Texas Law Review, 95:7 (June 2017).

“Next Generation Foreign Intelligence Surveillance Law: Renewing 702.” University of Richmond Law Review, 51:3 (March 2017).

“Cyber Espionage & Electronic Surveillance: Beyond the Media Coverage.” Emory Law Journal, 66:3 (2017).

“Two Aspects of Cybersecurity: Human Rights & Economic Espionage.” Journal of National Security Law & Policy, 8:3 (2016). (With L. Vihul & L. Trinberg.)

“Customary Constraints on the Use of Force: Article 51 with an American Accent.” Leiden Journal of International Law, 29. (With Evan Criddle.)

“The Role of the Courts in Time of War.” Washington & Lee Law Review Online, 71:3 (2014).

“Educating National Security Lawyers for the Twenty-First Century: The Intersection of National Security Law and International Affairs.” Journal of National Security Law & Policy, 6:2 (April 2013). (With Harvey Rishikof.)

“The Role of Counterterrorism Law in Shaping ad Bellum Norms for Cyber Warfare.” Naval War College Law Review International Law Studies, 89:157 (March 2013).

“New Battlefields/Old Laws: Shaping a Legal Environment for Counterinsurgency.” ASIL Proceedings, 105 (2012).

“Shadow Wars.” Journal of National Security Law & Policy, 5:2 (2012).

“Programmatic Surveillance and FISA: Of Needles in Haystacks.” Texas Law Review, 88:7 (June 2010).

“The Legal Landscape for Emergency Management in the United States.” National Security Studies Policy Paper. New America Foundation, Washington, DC (2011).

“Introduction to the Cybersecurity Symposium: National Leadership, Individual Responsibility.” Journal of National Security Law & Policy, 4:1 (2010).

“Terror and Consent: The Long View.” Syracuse Journal of International Law & Commerce, 37:1 (2010).

“National Security Law Advice to the New Administration.” Journal of National Security Law & Policy, 3:2 (2009).

“Smart Counterterrorism.” Criminology & Public Policy, 8:3 (2009).

“Closing Guantanamo and Redirecting the US Ship of State.” Journal of Parliamentary and Political Law, 3:1 (2009).

“Is the FISA Amendment Act of 2008 Good Policy? Is It Constitutional?” Journal of the National Security Forum, 35 (2009).

“Providing ‘Supplemental Security:’ The Insurrection Act and the Military Role in Responding to Domestic Crises.” Journal of National Security Law & Policy, 3:1 (2009).

“Who’s in Charge: The Role of the Military in Disaster Response.” Mississippi College Law Review, 26 (2006-2007).

“The Death of FISA.” Minnesota Law Review, 91:5 (2007).

“A Second Nuclear Age?” Syracuse Law Review, 57:3 (2007).

“‘If Men Were Angels:’ NSA Eavesdropping and the Fourth Amendment.” National Security Law Report, 28:1 (March 2006).

“NSA Eavesdropping and the Fourth Amendment.” The Jurist (March 2006).

“Mold, Mildew, and the Military Role in Disaster Response.” The Jurist (October 2005).

“Teaching and Learning about Terrorism.” Journal of Legal Education, 55 (May/June 2005).

“The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response.” Louisiana Law Review, 64:4 (2004).

“The Role of the Courts in Time of War.” The Intelligencer: Journal of US Intelligence Studies, 14 (2004).

“And the Wall Came Tumbling Down: Secret Surveillance After the Terror.” University of Miami Law Review, 57:1 (2002).

“The Role of the Courts in Time of War: An Historical Overview.” Syndicus (2003).

“Targeted Killing and Assassination: The US Legal Framework.” University of Richmond Law Review, 37 (2003). (With Peter Raven-Hansen.)

“Troops Defending the Homeland: The Posse Comitatis Act and the Legal Environment for a Military Role in Domestic Counter Terrorism.” Journal of Terrorism and Political Violence, 14:3 (Autumn 2002).

“A Comparison of Enforcement of Administrative Agency Roles and Orders in China and the United States.” The Study on Administrative Law, 1 (2001). (With R. Goldsmith & G. Xue.)

“How We Uncover Their Plots: Laws for Keeping Tabs on Terrorists Draw Difficult Lines.” Legal Times (Sept. 17, 2001).

“Executive Authority for National Security Surveillance.” American University Law Review, 50 (2001). (With M.E. Bowman.)

“Trolling for Terrorist: New Report Outlines Surveillance Authorities.” American Bar Association National Security Law Report, 22 (2001).

“The Integration of Theory and Practice in Teaching Structural Issues in Constitutional Law.” Constitutional Commentary, 17 (2000). (With D. Braveman).

“The ‘L.A. Eight’ and Investigation of Terrorist Threats in the United States.” Columbia Human Rights Law Review, 31 (Summer 2000).

“Defense Contingency Budgeting in the Post-Cold War World.” Public Administration Review, 59:2 (March/April 1999). (With Jeffery Straussman.)

“A New Imperial Presidency? Lessons From United States Involvement in Bosnia.” Political Science Quarterly, 114:2 (Summer 1999). (With Jeffery Straussman.)

“The US Administrative Procedure Act (APA): History, Implementation, and Selected Contemporary Problems.” Third Annual East Asia Conference on Administrative Law Papers & Proceedings, Shanghai, China (1999). (With Richard Goldsmith.)

“The Legacy of Lopez: CERCLA and the Commerce Clause.” Chemical Waste Litigation Reporter, 32 (1996).

“From Vietnam to Desert Shield: The Commander in Chief’s Spending Power.” Iowa Law Review, 81 (1995). (With Peter Raven-Hansen.)

“At the Halfway Point: Light Docket Makes It Hard to Read Trends in Supreme Court Decisions.” ABA Journal, 81 (April 1995).

“The Impact of Lopez v. United States: Is Environmental Regulation Limited by the Commerce Clause?” EPA Administrative Law Reporter, 5 (1995).

“Pulling the Purse Strings of the Commander in Chief.” University of Virginia Law Review, 80 (1994). (With Peter Raven-Hansen.)

“Presidential Systems in Stress: Emergency Powers in Argentina and the United States.” Michigan Journal of International Law, 15 (Fall 1993). (With Alejandro Carrio.)

“The New Colombian Constitution: Democratic Victory or Popular Surrender?” Inter-American Law Review, 23 (1991). (With E. Alvarez.)

“While Congress Slept: The Iran-Contra Affair and Institutional Responsibility for Covert Operations.” Syracuse Journal of International Law & Commerce, 14:3 (Spring 1988).

“State Workers’ Compensation at Federal Facilities: A Classic Federalism Struggle.” Preview of United States Supreme Court Cases, 7 (1988).

“Bowsher v. Synar: The Emerging Judicialization of the FISC.” Boston College Law Review, 28 (1987). (With Jeffery Straussman.)

“When They Get Too Close to the Truth: Challenging the Special Prosecutors.” Syracuse Law Review, 37 (1987).

“On Teaching Constitutional Law.” Matthew Bender/LexisNexis Law School Report (1987). (With D. Braveman.)

“First Use of Nuclear Weapons: The Constitutional Role of a Congressional Leadership Committee.” Journal of Legislation, 13 (1986).

“Federalism Disserved: The Drive for Deregulation.” Maryland Law Review, 45:1 (1986). (With Kirk Lewis.)

“After One Hundred Years: A New First-Year Course is Needed.” Syndicus, 26:3 (spring 1986).

“Efficiency in Government: Separation of Powers Reconsidered.” Syracuse Law Review, 35 (1984).

“Institutional Responsibility: Environmental Values and the Supreme Court.” Land Use & Environmental Law Review, 1 (1984). (With Richard Goldsmith.)

“The Legislative Veto and Efficiency: Separation of Powers Reexamined.” Syracuse Law Review, 35 (1984).

“Conservation, Federalism, and the Courts: Limiting the Judicial Role.” Syracuse Law Review, 34 (1983).

“Environmental Values: Institutional Responsibility and the Supreme Court.” Harvard Environmental Law Review, 7 (1983).

“Myth and Reality in Federalism Decisions.” The Judge, 19:5 (November 1982).

“EPA Bends to Industry Pressure on Coal NSPS—and Breaks.” Ecology Law Quarterly, 9 (1980).

“Energy Planning: Getting Through the 1980s.” Syndicus, 24:1 (winter 1980). (With Richard Goldsmith.)

Book Reviews

“Still the Imperial Presidency? Review of Presidential Defiance of ‘Unconstitutional’ Laws (1998) by Christopher May.” The Jurist (Books-on-Law), 2:3 (March 1999).

“Review of Presidential War Power (1995) by Louis French.” The Annals of the American Academy of Political & Social Science, 554:1 (November 1997).

“Review of Energy Future: Report of the Energy Project at the Harvard Business School (1979) edited by Robert Stobaugh and Daniel Yergin, and The Politics of Energy (1979) by Barry Commoner.” California Western International Law Journal, 10 (1980). (With Richard Goldsmith.)

Case Studies

“The Phantom Agent Part I and Part II.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University (2005).

“The Predator.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University (2003).

“Dangerous Prisoner: The Threat of Bioterrorism in the U.S.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (2002).

“The Devil and the Demon Parts I, II, and III: The Threat of Bioterrorism in the U.S.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999). Includes Teaching Notes and Reference Material.

“To Prevent and Deter International Terrorism Teaching Notes: The U.S. Responses to the Kenya and Tanzania Embassy Bombings.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

“Peacekeeping in Bosnia Introduction and Parts I, II, and III.” National Security Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997). (With Jeffery Straussman.)

 

Chapters

“Non-Provocative Defense in the Asia Pacific.” In Perspectives in Waging Conflicts Constructively: Cases, Concepts, and Practice. Eds. B Dayton & L. Kriesberg. Rowman & Littlefield, 2017.

Articles

“This Memorial Day, Supporting Veterans Is A Matter of National Security.” The Christian Science Monitor (May 25, 2012). (With Mike Haynie.)

Blog Entries

“Japan, East Asia, & Regional Security.” INSCT on Security & Counterterrorism (Oct. 17, 2013).

“Defense Strategy, Resources, & the ‘Strategic Choices & Management Review.’” INSCT on Security & Counterterrorism (July 18, 2013).

“The Nuclear Summit & Strategic Imperatives in East Asia & Beyond.” INSCT on Security & Counterterrorism (Jan. 2, 2013).

“Post-Election Fiscal Choices, Economics, & the Defense Budget.” INSCT on Security & Counterterrorism (Nov. 21, 2012).

“The Philippines, Insurgency, & Implications for the Future.” INSCT on Security & Counterterrorism (Oct. 12, 2011).

 

Articles

“The Climate-Security Century: Three Climate Hotspots.” Fletcher Security Review, 8 (2021)

“Delegating Climate Solutions.” Yale Journal on Regulation, 38 (forthcoming 2021)

“Is Climate Change a National Emergency?” UC Davis Law Review, 55 (forthcoming 2021)

“Is Climate Change a Threat to International Peace and Security?” Michigan Journal of International Law (forthcoming 2021)

“The Remaking of the Supreme Court: Implications for Climate Change Litigation.” Cardozo Law Review, 42

“Domestic Military Authority and the Coronavirus Pandemic.” Journal of National Security Law & Policy 11

“On Environmental Law, Climate Change, And National Security.” Harvard Environmental Law Review 44.

“The Operational and Administrative Militaries.” Georgia Law Review 53 (2019).

“Could Official Climate Denial Revive the Common Law as Aa Regulatory Backstop?” Washington University Law Review 96 (2018). (With Robert V. Percival.)

“Polar Opposites: Assessing Environmental Law in the World’s Polar Regions.” Boston College Law Review 59 (2018). (With Robert V. Percival.)

“The Commander in Chief’s Authority to Combat Climate Change.” Cardozo Law Review 37 (2015).

“Unintended Consequences: The Posse Comitatus Act in the Modern Era.” Cardozo Law Review 36 (2014).

“The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?” Berkeley Journal of International Law 32 (2014).

“Defending the Environment: A Mission for the World’s Militaries.” Hawaii Law Review 36 (2014).

“Reflections on How Everything Became War and the Military Became Everything.” Temple International and Comparative Law Journal 32 (2018).

“Military Justice: A Very Short Introduction.” Journal of National Security Law & Policy 9 (2018).

Chapters

“Environmental Law in Military Operations.” In U.S. Military Operations: Law, Policy, And Practice (Oxford, 2016).

 

Articles

“Building Resilient Communities: A Preliminary Framework for Assessment.” Homeland Security Affairs, 6:3 (September 2010). (With Patricia H. Longstaff, SU Newhouse School of Public Communications, and Nick Armstrong, Whitney May Parker, and Matthew A. Hidek, INSCT.)