What’s in a Toolbox? Criminal Law and the Strategic State
Reuben W. Hills Conference Room
FSI scholars produce research aimed at creating a safer world and examing the consequences of security policies on institutions and society. They look at longstanding issues including nuclear nonproliferation and the conflicts between countries like North and South Korea. But their research also examines new and emerging areas that transcend traditional borders – the drug war in Mexico and expanding terrorism networks. FSI researchers look at the changing methods of warfare with a focus on biosecurity and nuclear risk. They tackle cybersecurity with an eye toward privacy concerns and explore the implications of new actors like hackers.
Along with the changing face of conflict, terrorism and crime, FSI researchers study food security. They tackle the global problems of hunger, poverty and environmental degradation by generating knowledge and policy-relevant solutions.
Reuben W. Hills Conference Room
Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.
His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.
Abstract
What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.
Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Whitfield Diffie is a consulting scholar at CISAC. He was a visiting scholar in 2009-2010 and an affiliate from 2010-2012. He is best known for the discovery of the concept of public key cryptography, in 1975, which he developed along with Stanford University Electrical Engineering Professor Martin Hellman. Public key cryptography, which revolutionized not only cryptography but also the cryptographic community, now underlies the security of internet commerce.
During the 1980s, Diffie served as manager of secure systems research at Northern Telecom. In 1991, he joined Sun Microsystems as distinguished engineer and remained as Sun fellow and chief security officer until the spring of 2009.
Diffie spent the 1990s working to protect the individual and business right to use encryption, for which he argues in the book Privacy on the Line, the Politics of Wiretapping and Encryption, which he wrote jointly with Susan Landau. Diffie is a Marconi fellow and the recipient of a number of awards including the National Computer Systems Security Award (given jointly by NIST and NSA) and the Franklin Institute's Levy Prize.
Reuben W. Hills Conference Room
Reuben W. Hills Conference Room
Not in residence
Martha Crenshaw is a senior fellow emerita at CISAC and FSI. She taught at Wesleyan University in Middletown, Connecticut, from 1974 to 2007. She has published extensively on the subject of terrorism. In 2011 Routledge published Explaining Terrorism, a collection of her previously published work. A book co-authored with Gary LaFree titled Countering Terrorism was published by the Brookings Institution Press in 2017. She recently authored a report for the U.S. Institute of Peace, “Rethinking Transnational Terrorism: An Integrated Approach”.
She served on the Executive Board of Women in International Security and is a former President and Councilor of the International Society of Political Psychology (ISPP). In 2005-2006 she was a Guggenheim Fellow. She was a lead investigator with the National Consortium for the Study of Terrorism and the Response to Terrorism (START) at the University of Maryland from 2005 to 2017. She is currently affiliated with the National Counterterrorism, Innovation, Technology, and Education (NCITE) Center, also a Center of Excellence for the Department of Homeland Security. In 2009 the National Science Foundation/Department of Defense Minerva Initiative awarded her a grant for a research project on "mapping terrorist organizations," which is ongoing. She has served on several committees of the National Academy of Sciences. In 2015 she was elected a Corresponding Fellow of the British Academy. She is the recipient of the International Studies Association International Security Studies Section Distinguished Scholar Award for 2016. Also in 2016 Ghent University awarded her an honorary doctorate. She serves on the editorial boards of the journals International Security, Security Studies, Dynamics of Asymmetric Conflict, Orbis, and Terrorism and Political Violence.
Reuben W. Hills Conference Room
Department of Political Science
Encina Hall West, Rm. 310
Stanford, CA 94305-6044
Michael Tomz is the William Bennett Munro Professor in Political Science and Chair of the Department of Political Science at Stanford University. He is also a Senior Fellow at the Stanford Institute for Economic Policy Research, a Senior Fellow at the Stanford King Center on Global Development, and the Landreth Family University Fellow in Undergraduate Education.
Tomz has published in the fields of international relations, American politics, comparative politics, and statistical methods. He is the author of Reputation and International Cooperation: Sovereign Debt across Three Centuries and numerous articles in political science and economics journals.
Tomz received the International Studies Association’s Karl Deutsch Award, given to a scholar who, within 10 years of earning a Ph.D., has made the most significant contribution to the study of international relations. He has also won the Giovanni Sartori Award for the best book developing or applying qualitative methods; the Jack L. Walker Award for the best article on Political Organizations and Parties; the best paper award from the APSA section on Elections, Public Opinion and Voting Behavior; the best paper award from the APSA section on Experimental Research; and the Okidata Best Research Software Award. His research has been supported by the National Science Foundation.
Tomz has received numerous teaching awards, including the Dean’s Award for Distinguished Teaching and the Cox Medal for Excellence in Fostering Undergraduate Research. In 2017 he received Stanford’s highest teaching honor, the Walter J. Gores Award for Excellence in Teaching.
Tomz holds a Ph.D. from Harvard University; a master’s degree from the University of Oxford, where he was a Marshall Scholar; and an undergraduate degree from Georgetown University. He has been a visiting scholar at the Center for Advanced Study in the Behavioral Sciences, the Federal Reserve Bank of Minneapolis, the Hoover Institution, the Institute for Research in the Social Sciences, and the International Monetary Fund.
From Harper Collins publishers:
Offering a clear analysis of the danger of nuclear terrorism and how it can be prevented, The Partnership sheds light on one of the most divisive security issues facing Washington today. Award-winning New York Times journalist Philip Taubman illuminates our vulnerability in the face of this pressing terrorist threat—and the unlikely efforts of five key Cold War players to eliminate the nuclear arsenal they helped create. Bob Woodward calls The Partnership a “brilliant, penetrating study of nuclear threats, present and past,” and David Kennedy writes that it is “indispensable reading for all who would understand the desperate urgency of containing the menace of nuclear proliferation."
A terrorist attack with nuclear weapons is the most dangerous security issue America faces today—and we are far more vulnerable than we realize. Driven by this knowledge, five men—all members of the Cold War brain trust behind the U.S. nuclear arsenal—have come together to combat this threat, leading a movement that is shaking the nuclear establishment and challenging the United States and other nations to reconsider their strategic policies.
Illuminating and thought-provoking, The Partnership tells the little-known story of their campaign to reduce the threat of a nuclear attack and, ultimately, eliminate nuclear weapons altogether. It is an intimate look at these men—Henry Kissinger, George Shultz, Sam Nunn, William Perry, and the renowned Stanford physicist Sidney Drell—the origins of their unlikely joint effort, and their dealings with President Obama and other world leaders. Award-winning journalist Philip Taubman explores the motivations, past conflicts, and current debates that drive, and sometimes strain, their bipartisan partnership. Through their stories, he examines the political and technological currents that shaped nuclear strategy during the Cold War—including the 1986 Reykjavik summit, at which Reagan and Gorbachev narrowly missed a landmark agreement to eliminate nuclear weapons—and illuminates how the end of that conflict gave rise to the dangerous realities of today. He reveals the heated discussions taking place in Washington and in nuclear-weapons laboratories, and spotlights current threats and the frantic efforts of America and its allies to prevent the spread of fissile materials.
Meticulously researched and compellingly told, The Partnership demands that we turn our attention to an issue that has the potential to alter our world order. Philip Taubman has provided an important and timely story of science, history, and friendship—of five men who have decided the time has come to dismantle the nuclear kingdom they worked to build.
“The Partnership artfully weaves the threads of five notable lives into a fascinating account of nuclear strategizing over the last five decades. This unfailingly compelling narrative is indispensable reading for all who would understand the desperate urgency of containing the menace of nuclear proliferation.”
— DAVID KENNEDY, PROFESSOR OF HISTORY EMERITUS, STANFORD UNIVERSITY
“This brilliant, penetrating study of nuclear threats is in the tradition of David Halberstam and Neil Sheehan. Taubman has, perhaps as importantly, unlocked the history of the war we never had. Readers will tremble at the dangers the world has faced and still faces today.”
— BOB WOODWARD
“A richly detailed account of one of the most important issues of our time, The Partnership should be on the bedside of every presidential candidate, national affairs journalist and engaged citizen.”
— TOM BROKAW
Abstract
As the diplomatic standoff in North Korea enters its fourth year, the crisis atmosphere on the Korean peninsula sparked by Pyongyang's military actions in 2010 has eased. Pyongyang has agreed to return to the diplomatic table, its hand strengthened by advancing its nuclear program in the interim. Washington and Seoul remain reluctant to engage, having been burned by Pyongyang's clandestine uranium enrichment program unveiled in 2010. The authors argue that re-engagement, with the immediate objective to stop a third nuclear test and prevent further missile tests, is imperative to contain the nuclear threat for now; preventing the nuclear program's expansion and preparing the way for the ultimate denuclearization of the peninsula—critical goals—must be left to a second step.
Note: There is a supplement to this piece with detailed overhead imagery, additional analysis of Pyongyang's march toward a more threatening nuclear weapons capability, and brief commentary on how the accession of Kim Jong-un to leadership may influence North Korea's nuclear trajectory. Click here to access "North Korea from 30,000 Feet"
Abstract:
How do experts evaluate complex techno-political futures? This essay addresses the question by showing how scientists and engineers confronted U.S. President Ronald Reagan’s call to render “nuclear weapons impotent and obsolete.” Popularly known as the “Star Wars” missile defense program, Reagan’s Strategic Defense Initiative launched a world-wide debate that continues to echo today. I argue that experts used disciplined projections – predictions based on generally accepted, mathematical rules of scientific disciplines – to produce certainty and authority about the future of SDI. Importantly, different disciplines highlighted distinctive aspects of SDI, and generated different kinds of political authority. Physicists analyzed idealized systems and mobilized a form of disciplinary objectivity. By contrast, computer experts analyzed complex, faulty systems, and made their arguments persuasive by appealing to common sense. These differences reveal the influence of technological enthusiasm in U.S. political culture.