The Political Balance of Power over the Military: Rethinking the Relationship between the Armed Forces, the President, and Congress

Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 firing of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder\u27s intent to balance military power within the national government. The military should be viewed as a national agency rather than an Executive Agency, with responsibilities to both the Executive and Legislative Branches, including providing clear and complete information to Congress. This article discusses the unique nature of the military and why it should not be considered an Executive Agency. Through historical constitutional analysis, the article argues that for Congress to perform its necessary and proper role, it must be fully informed on military issues within its area of competence and responsibility. The article then suggests the Congress is not currently receiving complete military information and proposes several methods to remedy this critical deficit

Transnational Armed Conflict: A “Principled” Approach to the Regulation of Counter-Terror Combat Operations

Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. Because these operations invoke the authority of the LOAC, they should and must be treated as armed conflicts. LOAC principles must be identified and must be broad enough to provide the authority necessary to bring the transnational enemy to submission while ensuring that that authority does not override fundamental humanitarian protections for victims of war: This Article proposes three essential pillars of this regulatory foundation: military necessity, targeting (object/distinction and proportionality), and humane treatment. These principles provide the balance between authority and obligation that is so essential for the effective and disciplined application of combat power Like the treatment of internal armed conflict, these pillars can form a foundation for a more comprehensive treatment of regulatory analysis, encompassing other issues such as command responsibility, criminal liability, access to judicial review, perfidy and treachery, and medical obligations

The Political Balance of Power over the Military: Rethinking the Relationship between the Armed Forces, the President, and Congress

Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 firing of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder\u27s intent to balance military power within the national government. The military should be viewed as a national agency rather than an Executive Agency, with responsibilities to both the Executive and Legislative Branches, including providing clear and complete information to Congress. This article discusses the unique nature of the military and why it should not be considered an Executive Agency. Through historical constitutional analysis, the article argues that for Congress to perform its necessary and proper role, it must be fully informed on military issues within its area of competence and responsibility. The article then suggests the Congress is not currently receiving complete military information and proposes several methods to remedy this critical deficit

Transnational Armed Conflict: A “Principled” Approach to the Regulation of Counter-Terror Combat Operations

Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. Because these operations invoke the authority of the LOAC, they should and must be treated as armed conflicts. LOAC principles must be identified and must be broad enough to provide the authority necessary to bring the transnational enemy to submission while ensuring that that authority does not override fundamental humanitarian protections for victims of war: This Article proposes three essential pillars of this regulatory foundation: military necessity, targeting (object/distinction and proportionality), and humane treatment. These principles provide the balance between authority and obligation that is so essential for the effective and disciplined application of combat power Like the treatment of internal armed conflict, these pillars can form a foundation for a more comprehensive treatment of regulatory analysis, encompassing other issues such as command responsibility, criminal liability, access to judicial review, perfidy and treachery, and medical obligations

Reconsidering "the love of art" : evaluating the potential of art museum outreach

Art museums have long been identified as bastions of social and cultural exclusion. This conclusion was best evidenced by the large-scale 1967 French study by Bourdieu and Darbel demonstrating the exclusionary nature of “The Love of Art.” However, in recent years there have been increasing efforts to reach out to a broader range of visitors beyond conventional audiences. The present study investigates the impacts of an outreach program at a UK art museum, which sought to engage socially excluded young mothers. This study employs ethnographic research methods on a longitudinal basis to develop qualitative insights about the program seeking to mitigate cultural exclusion. While the study’s findings uphold many longstanding critiques of art museums’ conventional approaches, the study also indicates that carefully designed outreach activities can overcome such limitations and enhance cultural engagement. Thus, art museums’ limited appeal is tied to problematic public engagement practices that can be changed

Socio-economic utility and chemical potential

In statistical physics, the conservation of particle number results in the equalization of the chemical potential throughout a system at equilibrium. In contrast, the homogeneity of utility in socio-economic models is usually thought to rely on the competition between individuals, leading to Nash equilibrium. We show that both views can be reconciled by introducing a notion of chemical potential in a wide class of socio-economic models, and by relating it in a direct way to the equilibrium value of the utility. This approach also allows the dependence of utility across the system to be determined when agents take decisions in a probabilistic way. Numerical simulations of a urban economic model also suggest that our result is valid beyond the initially considered class of solvable models.Comment: 6 pages, 3 figures, final versio

Resolved Young Binary Systems And Their Disks

We have conducted a survey of young single and multiple systems in the Taurus–Auriga star-forming region with the Atacama Large Millimeter Array (ALMA), substantially improving both the spatial resolution and sensitivity with which individual protoplanetary disks in these systems have been observed. These ALMA observations can resolve binary separations as small as 25–30 au and have an average 3σ detection level of 0.35 mJy, equivalent to a disk mass of 4 × 10−5 M ⊙ for an M3 star. Our sample was constructed from stars that have an infrared excess and/or signs of accretion and have been classified as Class II. For the binary and higher-order multiple systems observed, we detect λ = 1.3 mm continuum emission from one or more stars in all of our target systems. Combined with previous surveys of Taurus, our 21 new detections increase the fraction of millimeter-detected disks to over 75% in all categories of stars (singles, primaries, and companions) earlier than spectral type M6 in the Class II sample. Given the wealth of other information available for these stars, this has allowed us to study the impact of multiplicity with a much larger sample. While millimeter flux and disk mass are related to stellar mass as seen in previous studies, we find that both primary and secondary stars in binary systems with separations of 30–4200 au have lower values of millimeter flux as a function of stellar mass than single stars. We also find that for these systems, the circumstellar disk around the primary star does not dominate the total disk mass in the system and contains on average 62% of the total mass

Resolved Young Binary Systems And Their Disks

We have conducted a survey of young single and multiple systems in the Taurus–Auriga star-forming region with the Atacama Large Millimeter Array (ALMA), substantially improving both the spatial resolution and sensitivity with which individual protoplanetary disks in these systems have been observed. These ALMA observations can resolve binary separations as small as 25–30 au and have an average 3σ detection level of 0.35 mJy, equivalent to a disk mass of 4 × 10−5 M ⊙ for an M3 star. Our sample was constructed from stars that have an infrared excess and/or signs of accretion and have been classified as Class II. For the binary and higher-order multiple systems observed, we detect λ = 1.3 mm continuum emission from one or more stars in all of our target systems. Combined with previous surveys of Taurus, our 21 new detections increase the fraction of millimeter-detected disks to over 75% in all categories of stars (singles, primaries, and companions) earlier than spectral type M6 in the Class II sample. Given the wealth of other information available for these stars, this has allowed us to study the impact of multiplicity with a much larger sample. While millimeter flux and disk mass are related to stellar mass as seen in previous studies, we find that both primary and secondary stars in binary systems with separations of 30–4200 au have lower values of millimeter flux as a function of stellar mass than single stars. We also find that for these systems, the circumstellar disk around the primary star does not dominate the total disk mass in the system and contains on average 62% of the total mass