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The Iran-United States Tribunal has recently celebrated its 25th anniversary. Although it has resolved all of the cases brought by private claimants, it is still likely to be many more years before the Tribunal is able to complete the remaining government-to-government cases on its docket. There are multiple reasons why so much time will be required: the pending cases are extremely complex, the governments brief them slowly, and the Tribunal's decision-making process itself is slow. There does not for the foreseeable future appear to be an alternative to continued litigation, because the prospects of a global settlement of the remaining claims before the Tribunal are remote. The parties face challenges in developing reasonable assessments of the legal and economic costs and benefits of settlement. Beyond this, the strained political relations between the United States and Iran would make even a legally and economically rationale settlement extremely difficult to achieve. The challenge facing the Tribunal in the remaining years of its existence, in which the Iran and United States are the only parties before it, is to continue to decide cases in a principled fashion on the basis of the law and the facts, and to resist the temptation to reach compromise decisions in the interests of political expediency.

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Law and Practice of International Courts and Tribunals
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Allen S. Weiner
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What makes a "war"? Professor Weiner argues that the self-styled "war on terror" launched by the United States against al-Qaeda and other terrorist entities mischaracterizes the nature of the conflict. This mischaracterization is not merely a matter of semantics, but has been used to vest the Executive Branch with substantial legal powers only available in wartime. Although Professor Weiner acknowledges certain important similarities between the "war on terror" and conventional forms of armed conflict, he submits that the Executive Branch has chosen not to accept wartime's legal duties even as it claims wartime rights in the fight against terrorism. Professor Weiner criticizes the Supreme Court's decision in Hamdan v. Rumsfeld that Common Article 3 of the Geneva Conventions applies to the Guantanamo detainees. Although this ruling extended some limited protections to the Guantanamo detainees, it effectively endorses the Executive Branch's assertion of sweeping wartime powers in the fight against terrorism. Finally, Professor Weiner argues that the potentially unbounded character of the conflict against terrorism creates powerful reasons for the Judiciary to apply traditional principles of checks and balances and to limit Executive Branch powers in this new "war on terror."

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Lewis & Clark Law Review
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Allen S. Weiner
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These days, it's rare to pick up a newspaper and not see a story related to intelligence. From the investigations of the 9/11 commission, to accusations of illegal wiretapping, to debates on whether it's acceptable to torture prisoners for information, intelligence—both accurate and not—is driving domestic and foreign policy. And yet, in part because of its inherently secretive nature, intelligence has received very little scholarly study. Into this void comes Reforming Intelligence, a timely collection of case studies written by intelligence experts, and sponsored by the Center for Civil-Military Relations (CCMR) at the Naval Postgraduate School, that collectively outline the best practices for intelligence services in the United States and other democratic states.

Reforming Intelligence suggests that intelligence is best conceptualized as a subfield of civil-military relations, and is best compared through institutions. The authors examine intelligence practices in the United States, United Kingdom, and France, as well as such developing democracies as Brazil, Taiwan, Argentina, and Russia. While there is much more data related to established democracies, there are lessons to be learned from states that have created (or re-created) intelligence institutions in the contemporary political climate. In the end, reading about the successes of Brazil and Taiwan, the failures of Argentina and Russia, and the ongoing reforms in the United States yields a handful of hard truths. In the murky world of intelligence, that's an unqualified achievement.

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University of Texas Press, Austin
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978-0-292-71660-5
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About the book:

Former Governor of Illinois, U.S. Ambassador to the United Nations, and twice unsuccessful Democratic candidate for President of the United States, Adlai Stevenson played a key role in American politics through out much of the middle of the twentieth century. This collection of essays from Senator Eugene McCarthy, Senator Adlai Stevenson III, Ambassador George Bunn, Brian Urquhart, Arthur Schlesinger, and others, looks at Stevenson's past and current societal significance.

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Palgrave MacMillan in "Adlai Stevenson's Lasting Legacy," edited by Alvin Liebling
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CISAC has endowed its first William J. Perry International Security Fellowship with $1 million in private donations. The fellowship is one of several visiting positions for pre- and postdoctoral researchers that CISAC plans to establish in honor of Perry, the 19th U.S. secretary of defense and former CISAC co-director.

The center announced the first fellowship endowment at a dinner Oct. 17 to celebrate William J. Perry's 80th birthday.

"We live in an era of increased opportunity and peril. Issues of international security have grown in scope and complexity," said Stanford University president John L. Hennessy, who attended the dinner. "The Perry fellowship program will provide a vital training ground for tomorrow's leaders, giving them the opportunity to work across disciplines and develop solutions to these difficult challenges."

Perry fellows will reside at CISAC for a year of policy-relevant research on international security issues. They will join other distinguished scientists, social scientists, and engineers who work together on security problems that cannot be solved within any single field of study. CISAC researchers address overlapping issues in nuclear weapons policy, proliferation, and regional tensions; biosecurity; homeland security; and effective global engagement.

"The fellowships are a fitting tribute to a scholar and leader whose many years of service continue to provide a more secure future for all of us," said CISAC co-director Siegfried S. Hecker.

"Bill Perry guided CISAC and its science program during a formative period, as its second science co-director," said Scott D. Sagan, CISAC co-director. "The center continues to benefit immeasurably from the early leadership he provided as well as from his ongoing contributions in teaching, research, and policy advising."

Perry's career offers a model of sound policy informed by rigorous scholarship. With bachelor's and master's degrees in mathematics from Stanford and a PhD from Penn State, he became a leader in the electronics industry and a frequent advisor to the U.S. government on national security technologies. He served as U.S. undersecretary of defense for research and engineering in 1977 and returned to industry in 1981. Perry served as co-director of CISAC from 1988 until 1993, when he was called back to Washington to be secretary of defense.

In awarding Perry the Presidential Medal of Freedom in 1997, former President Bill Clinton said, "When the history of our time is written, Bill Perry may well be recorded as the most productive, effective secretary of defense the United States ever had."

Perry returned to Stanford, where he continues to teach and mentor students who will carry on his tradition of leadership. At CISAC he co-directs the Preventive Defense Project, a research collaboration between Stanford and Harvard universities.

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Drell Lecture Recording: NA

 

Drell Lecture Transcript: 

 

Speaker's Biography: Steven E. Koonin has served as chief scientist of BP, the world's second largest independent oil company, since 2004. As chief scientist, Koonin is responsible for BP's long-range technology plans and activities, particularly those "beyond petroleum." He also has purview over BP's major university research programs around the world and provides technical advice to the company's senior executives. In 1975, he joined the faculty of Caltech, became a full professor in 1981, and served as provost from 1995 to 2004.

Koonin is a fellow of the American Physical Society, the American Association for the Advancement of Science, and the American Academy of Arts and Sciences, as well as a member of the Council on Foreign Relations and the Trilateral Commission. He has served on numerous advisory bodies for the National Science Foundation, the U.S. Department of Defense, and the Department of Energy and its various national laboratories. His research interests have included theoretical nuclear, many-body, and computational physics, nuclear astrophysics, and global environmental science. Koonin received his B.S. in physics at Caltech and his Ph.D. in theoretical physics from M.I.T.

Frances C. Arrillaga Alumni Center

Steven E. Koonin Chief Scientist Speaker BP
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The American Physical Society awarded CISAC research associate Pavel Podvig and Anatoli Diyakov, at the Moscow Institute of Physics and Technology (MIPT), its 2008 Leo Szilard Lectureship, a recognition of "outstanding accomplishments by physicists in promoting the use of physics for the benefit of society."

The APS specifically cited the two "for establishing a center for scientific study of arms control, for landmark analyses, and for courage in supporting open discussion of international security in Russia."

Diyakov and Princeton colleague Frank von Hippel in 1991 founded the Center for Arms Control, Energy, and Environment Studies at MIPT, with substantial help from Podvig, a 1988 graduate of the institute with a degree in physics. The center was Russia's first independent research organization dedicated to technical analysis of arms control issues.

Podvig's research at the center addressed issues concerning missile defense; early-warning, command, and control systems for nuclear weapons; and U.S.-Russian arms control. He led a major research project and edited the resulting book, Russian Strategic Nuclear Forces, consulted internationally as a definitive work on the subject.

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Mariano-Florentino Cuéllar (speaker), with a PhD in political science from Stanford as well as a law degree from Yale, focuses his scholarship on how organizations cope with the legal responsibility for managing complex criminal justice, regulatory, and international security problems. He has published the leading academic paper on the operation of federal money laundering laws, and one of the most exhaustive empirical case studies of public participation in regulatory rulemaking proceedings. Recent projects address the role of criminal enforcement in managing transnational threats, the physical safety of refugee communities in the developing world, legislative and budgetary dynamics affecting the federal Department of Homeland Security, and the impact of bureaucratic structure on how institutions implement legal mandates. Professor Cuéllar is an affiliated faculty member at the Stanford Center for International Security and Cooperation, and a member of the Executive Committee for the Stanford International Initiative. Before joining the Stanford Law School faculty in 2001, he served as senior advisor to the U.S. Treasury Department's Under Secretary for Enforcement and clerked for Chief Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit.

David M. Kennedy (discussant) is the Donald J. McLachlan Professor of History at Stanford University and winner of the 2000 Pulitzer Prize for his book, Freedom from Fear: The American People in Depression and War. Reflecting his interdisciplinary training in American Studies, which combined the fields of history, literature, and economics, Kennedy's scholarship is notable for its integration of economic and cultural analysis with social and political history. His 1970 book, Birth Control in America: The Career of Margaret Sanger, embraced the medical, legal, political, and religious dimensions of the subject and helped to pioneer the emerging field of women's history. One of his later books, Over Here: The First World War and American Society (1980), used the history of American involvement in World War I to analyze the American political system, economy, and culture in the early twentieth century. He is a graduate of Stanford University (BA, history) and Yale University (MA, PhD, American studies).

Reuben W. Hills Conference Room

Mariano-Florentino Cuéllar Speaker
David Kennedy Speaker
Seminars
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Topics:

"Ballistic Missile Defense"

Dean Wilkening will cover work in progress concerning regional assessments of the strategic impact of ballistic missile defenses. The nature of the problem and analytic tools to assess the impact will be discussed, along with preliminary results for the impact of American and Japanese missile defense deployments in North East Asia.

"Research Reactors and Non-Proliferation"

Bekhzod Yuldashev will present a short review of the utilization of research reactors and present status of research reactor programs. The related non-proliferation aspects of existing and future research will also be discussed.

Reuben W. Hills Conference Room

Dean Wilkening Speaker
Bekhzod Yuldashev Speaker
Seminars
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Ron E. Hassner (speaker) is an assistant professor of political science at University of California, Berkeley. He returns to CISAC as a visiting professor, having served as predoctoral fellow from 2000 to 2003. His research revolves around symbolic and emotive aspects of international security with particular attention to religious violence, Middle Eastern politics and territorial disputes. His publications have focused on the role of perceptions in entrenching international disputes, the causes and characteristics of conflicts over sacred places, the characteristics of political-religious leadership and political-religious mobilization and the role of national symbols in conflict.

Hassner was a fellow of the MacArthur Consortium on Peace and Security in 2000-2003. In 2003-2004 he was a postdoctoral scholar at the Olin Institute for International Security, Harvard University. He is a graduate of Stanford University with degrees in political science and religious studies.

Jacob Shapiro (discussant) is a CISAC postdoctoral fellow. His primary research interest is the organization of terrorism and insurgency. His other research interests include international relations, organization theory, and security policy. Shapiro's ongoing projects study the balance between secrecy and openness in counterterrorism, the impact of international human rights law on democracies' foreign policy, the causes of militant recruitment in Islamic countries, and the relationship between public goods provision and insurgent violence in Iraq and Afghanistan. His research has been published in International Security, International Studies Quarterly, Foreign Policy, and a number of edited volumes. Shapiro is a Harmony Fellow at the Combating Terrorism Center at the United States Military Academy. As a Naval Reserve officer he was assigned to the Office of Naval Intelligence and the Naval Warfare Development Command. He served on active duty at Special Boat Team 20 and onboard the USS Arthur W. Radford (DD-968). He holds a PhD in political science and an MA in economics from Stanford University and a BA in political science from the University of Michigan.

Reuben W. Hills Conference Room

Ron Hassner Speaker
Jacob Shapiro Speaker
Seminars
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