Featured Center Publications
Center scholars engage in a broad range of advanced research on topics of national security law and frequently publish books, monographs, and articles in law reviews and other professional periodicals. Proceedings and papers from Center-sponsored conferences are often published as books or in special issues of law reviews.
The Center's most ambitious early program was the preparation in 1990 of a law school casebook National Security Law. It was fully revised and updated in 2015 with a third edition titled National Security Law & Policy since many of the topics are addressed from both a policy and legal standpoint. In 1995, the Center published National Security Law Documents, both as a supplement to the casebook and as a free-standing desk reference for scholars and practitioners. The second edition was published in 2006. In addition, Center scholars have published numerous books and articles and have contributed to the op-ed pages of such newspapers as USA Today, the Wall Street Journal, the New York Times, the Washington Post, the Washington Times, and the International Herald Tribune.
Solving the War Puzzle, Civil Litigation Against Terrorism, To Oppose Any Foe, Legal Issues in the Struggle Against Terror, the new third edition of National Security Law & Policy, and the second edition of National Security Law Documents are now available at Carolina Academic Press.
Another addition to the Center's publications program is a series of "Occasional Papers," which began in 1999 with William T. Lee's monograph, The Korean War Was Stalin's Show, and includes as well Professor Turner's The ABM Treaty and the Senate: Issues of International and Constitutional Law. The "Capitol Hill Forum Series" was also recently inaugurated with the publication of The ABM Treaty in a Changed World, a collection of papers presented at the February 1999 forum in Washington, D.C., co-sponsored by the Center for National Security Law and the Nixon Center.
Third Edition (2015) ***THIRD EDITION released May 2015***
The extensively updated third edition of National Security Law & Policy includes 34 contributions by distinguished scholars and practitioners. This edition includes new chapters on law and the cyber domain, the control of terrorism assets, lawfare, detention, and the Foreign Intelligence Surveillance Act, as well as chapters on traditional subjects of national security law such as use of force, war powers, international and domestic terrorism, intelligence, arms control, homeland security, human rights, immigration, export controls, environmental law, freedom of expression, and access to national security information. This third edition presents a uniquely comprehensive, timely and unmatched coverage of this complex field of law and policy. This casebook and its companion, National Security Law Documents (now in its second edition which was produced by the Center in 2006) are invaluable teaching guides designed for use at the law school and graduate levels and at the nation's war colleges and service academies.
Legal Issues in the Struggle Against Terror, edited by John Norton Moore & Robert F. Turner
Published by Carolina Academic Press, April 2010.
Legal Issues in the Struggle Against Terror is a compilation of important essays on the historical, legal, and contemporary threat of terrorism that challenges us today.The Center for National Security Law has assembled some of America's most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable new volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with ''hate propaganda'' without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror. Preview the table of contents. ~ Book review.
Second Edition (2006)
National Security Law Documents endeavors to bring together the most important primary historical and legal documents relative to this field of law. Like the casebook, National Security Law Documents is comprehensive and interdisciplinary in its approach. Among the documents included in this volume are President George Washington's Farewell Address; the Treaty of Versailles; NSC-68; numerous international conventions, UN resolutions, domestic laws, and executive orders, as well as departmental regulations governing such matters as FBI counterterrorism investigations and State Department treaty procedures. While intended to complement the National Security Law casebook as a teaching tool, it was also carefully designed to be a valuable stand-alone resource for those working in the field. This fully revised and updated second edition incorporates many new documents related to the attacks of 9/11 and the war on terror.
Theories as to the causes of war, and means for its control, have been advanced since the enlightenment. While some of these theories have correctly intuited pieces of the puzzle, none has been up to the task of controlling war. Indeed, the twentieth century was one of the bloodiest centuries in history. In this book, the founding Chairman of the Board of the United States Institute of Peace proposes a new general theory of war and peace which builds on insights of mainstream "idealist" and "realist" traditions in international relations while integrating the latest empirical findings about war. Building on the finding of the "democratic peace,” that major wars occur only rarely, if at all, bettween well-established democratic nations, the new theory goes beyond the democratic peace, to address "the rest of the story.” In doing so, the author examines the principal pathways to war for democracies, and actions they might take to lessen the risk of war. Most importantly, the book focuses squarely on the aggregate of incentives affecting the decision for war at the individual, national and international levels as the key to understanding war. The result is not only a new theory of war and peace, but a new theory of international relations. This innovative book is essential reading for statesmen, foreign policy experts, historians, military strategists, international lawyers, and, indeed, the general public. Comments about this important book and Journal of Conflict and Security Law review.
To Oppose Any Foe: The Legacy of U.S. Intervention in Vietnam, edited by Ross A. Fischer, John Norton Moore & Robert F. Turner
Published by Carolina Academic Press, 2006. ISBN 1-59460-206-9
To Oppose Any Foe is a compilation of essays on the historical, legal, and contemporary legacy of the Vietnam War that challenges much of the conventional wisdom surrounding that watershed conflict. The book addresses the aftershocks and consequences of America’s ill-fated intervention in Vietnam, from the Cambodian killing fields to nation-building in Somalia to evolving legal thinking on war crimes. The last U.S. helicopter left Saigon over three decades ago, but the Vietnam War still haunts the American memory. It lingers as one of America’s most stinging foreign policy failures, prompting numerous attempts to draw lessons from the experience. These essays demonstrate that the idealism underlying the Vietnam War, which was trumpeted by President John F. Kennedy’s inaugural pledge to “oppose any foe” of liberty, resonates to this day as America engages in another “long, twilight struggle” against global terrorism in the post-September 11 world. Washington Times review.
***Civil Litigation Against Terrorism, edited by John Norton Moore
Published by Carolina Academic Press, 2004. ISBN 0-89089-451-5
Following the horrific 9/11 terror attacks against America it is widely assumed that we are employing the full legal arsenal against the terrorists. Sadly, however, America, and indeed the World as a whole, is only in the early stages in applying the full rule of law against the terrorist threat. Paradoxically, while more actively applying criminal sanctions against the purveyors of terror, the potential for civil sanctions through large damage awards against terror groups and their supporters seems to have been largely neglected. This book is the first to explore the means and the challenges to more effectively add the tool of civil litigation to our legal arsenal in the war on terror. As such, it is an important read for statesmen, foreign affairs and national security experts, political theorists, lawyers and, in fact, all concerned about winning the war on terror. Review.
***The Real Lessons of the Vietnam War: Reflections Twenty-Five Years After the Fall of Saigon, edited by John Norton Moore and Robert F. Turner
Published by Carolina Academic Press, 2002. ISBN 0-89089-648-8
The Real Lessons of the Vietnam War is a collection of the papers and commentary presented in April 2000 at the Center's two-day conference on the twenty-fifth anniversary of the fall of Saigon. Authors include some of the nation's foremost authorities on the conflict -- including veteran diplomats and scholars. Parameters review.
***Strengthening the United Nations and Enhancing War Prevention, compilation
Published by Carolina Academic Press for the Center for National Security Law, 2000. ISBN 0-89089-838-3
Based on a series of meetings held between the Center for National Security Law and the Lester B. Pearson Canadian International Peacekeeping Centre in 1996, this publication includes a variety of perspectives on the future of United Nations Peacekeeping. Contributions include papers by Alex Morrison, President of the Lester B. Pearson Canadian International Peacekeeping Centre; Professor John Norton Moore, Director of the Center for National Security Law; General Anthony C. Zinni, United States Marine Corps; and Philippe Kirsch, Q.C., Legal Adviser, Canadian Department of Foreign Affairs and International Trade.
***The ABM Treaty in a Changed World, The Capitol Hill Forum Series
Published by the Center for National Security Law, 1999. ISBN 0-917193-00-8
This first publication of the Center's Capitol Hill Forum Series is a collection of presentations made at the February 18, 1999, Capitol Hill Forum, all addressing one of the most important national security issues facing the nation today. The future of the ABM Treaty has been debated between those who claim the Treaty is a "cornerstone of stability" and those who view it as a relic of the Cold War, serving only to keep the American people vulnerable to real national security threats. This publication includes contributions by former Director of Central Intelligence R. James Woolsey; former SDI Director Ambassador Henry F. Cooper; General Counsel to the Arms Control and Disarmament Agency Mary Elizabeth Hoinkes; and Professor of Security Studies at National Defense University and former U.S. Commissioner to the Standing Consultative Commission, Ambassador Robert F. Joseph.
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***The ABM Treaty and the Senate, written by Robert F. Turner
Published by the Center for National Security Law, 1999. ISBN 0-917193-01-6
In this timely and important contribution to the debate over the status of the 1972 ABM Treaty, Associate Director of the Center for National Security Law Robert F. Turner analyzes the often-neglected constitutional issues surrounding the Treaty. Is the ABM Treaty still in force and, if so, with whom? Is the ABM Treaty, as modified by the 1997 MOU, substantially the same agreement as negotiated in 1972? Must the Treaty (or the MOU) be submitted to the United States Senate for approval? Professor Turner addresses these and other pressing questions.
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The Korean War Was Stalin's Show, written by William T. Lee
Published by the Center for National Security Law, 1999.
The Occasional Paper Series was launched in 1999 with the publication of William T. Lee's work, The Korean War Was Stalin's Show. Mr. Lee spent thirteen years as a Soviet economic and military analyst at the Central Intelligence Agency. From 1981 until his retirement in 1992, Mr. Lee was with the Senior Executive Service of the Defense Intelligence Agency (DIA). Mr. Lee's research shows that, contrary to conventional wisdom, Soviet archives document Stalin's March 1949 decision to help the North Korean army attain "overwhelming superiority" over South Korean forces. Dismantling "revisionist" interpretations of the Korean War, Mr. Lee argues that Stalin ordered North Korea's military aggression as part of a plan to achieve Soviet foreign policy goals while hiding the USSR's nuclear inadequacy from the United States.
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Enhancing Compliance With International Law, written by John Norton Moore.
39 Virginia Journal of International Law 881 (Summer 1999).
It is sometimes alleged that international law is not really "law" because it is unenforceable. In this 135-page article from the Virginia Journal of International Law, Center Director John Norton Moore discusses ways in which States may enforce their legal rights in response to material breach of a treaty. This article is based upon an unclassified portion of a 4,000-page analysis of the 1972 Anti-Ballistic Missile (ABM) Treaty which Professor Moore prepared pro bono at the request of the Director of the Arms Control and Disarmament Agency in 1987-89.
Deception and Deterrence in "Wars of National Liberation", State-Sponsored Terrorism, and Other Forms of Secret Warfare, edited by John Norton Moore
Published by Carolina Academic Press, 1997. ISBN 0-89089-858-8
This book brings together contributions of fifteen distinguished experts examining various phases of "secret warfare." The geneses of the volume were two important conferences sponsored by the Center for National Security Law, the ABA Standing Committee on Law and National Security, and the Washington-based International Law Institute. In addition to examining past patterns of political warfare and various case studies, the book looks at some of the special problems faced by Democracies in responding effectively to this challenge.