Facing the Challenges of the 21 Century

America's strategy has become increasingly budget-driven in the face of ongoing cuts, culminating in the sequester. As a result, fewer funds are, and will be, available for critical operations, notably exercises and training with foreign forces that are the key both to strengthening alliances and partnerships and to deterring current and potential adversaries. That Washington continues to revise its defense strategy virtually on an annual basis has further undermined its credibility worldwide. Given its long-standing global interests, and uncertainty regarding when and where it might again have to commit forces to defend them, the United States must reinvigorate its efforts to streamline the Defense Department so as to maintain its global posture in the face of budget pressures. Measures to improve defense efficiency include reductions in the civilian and contractor work forces, overhaul of the military medical and retirement systems, and repeal of anachronistic laws that foster waste in defense acquisition.     

Party,Politics and Deciding What Is Proper: Army Officers’ Attitudes after Two Long Wars

Drawing on recent research, the author shows how a majority of officers still believe that the active duty military should not criticize civilian leaders publicly. However, fewer today think this way than those surveyed in the late-1990s. This is a surprising finding given the poisoned state of civil-military relations towards the end of the Clinton Administration, but perhaps is indicative of the Army's frustrated experiences in Iraq and Afghanistan over the past decade.     

Military Alliances in the 21 Century: Still Relevant after all These Years?

While military alliances have always been important to the United States, some experts wonder about their future. In today's uncertain security environment, they question whether these alliances may have outlived their usefulness. The author argues that U.S. national security leaders face some difficult choices as they formulate strategy and determine the number and types of collective security arrangements the nation will require to secure its national interests in the future.     

The EU Proposal for a General Data Protection Regulation and the roots of the ‘right to be forgotten’

The EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-line.     

An analysis of traditional rules applied by Australian courts to establish personal jurisdiction and their application in e-commerce

This article analyses the jurisdictional principles employed by Australian courts in establishing personal jurisdiction in traditional settings and its extension to e-commerce cases. The Australian courts apply the court rules to exercise personal jurisdiction over defendants. The article discusses these rules relating to serving process within and outside Australia and jurisdiction based on the submission of the parties. The adequacies of principles like forum-non-conveniens, forum selection clauses which are vital in the personal jurisdiction inquiry are analysed. The unique High Court decision in Dow Jones v. Gutnick is discussed and the approach followed by the court critically analysed to highlight the excessive exercise of personal jurisdiction. Other cases concerning the internet are also discussed to highlight the approaches followed to establish personal jurisdiction in internet and e-commerce cases. It is argued that the drawbacks highlight the need for legislation to regulate personal jurisdiction in e-commerce cases.     

Opening up personal data protection: A conceptual controversy

The existence of a fundamental right to the protection of personal data in European Union (EU) law is nowadays undisputed. Established in the EU Charter of Fundamental Rights in 2000, it is increasingly permeating EU secondary law, and is expected to play a key role in the future EU personal data protection landscape. The right's reinforced visibility has rendered manifest the co-existence of two possible and contrasting interpretations as to what it come to mean. If some envision it as a primarily permissive right, enabling the processing of such data under certain conditions, others picture it as having a prohibitive nature, implying that any processing of data is a limitation of the right, be it legitimate or illegitimate. This paper investigates existing tensions between different understandings of the right to the protection of personal data, and explores the assumptions and conceptual legacies underlying both approaches. It traces their historical lineages, and, focusing on the right to personal data protection as established by the EU Charter, analyses the different arguments that can ground contrasted readings of its Article 8. It also reviews the conceptualisations of personal data protection as present in the literature, and finally contrasts all these perspectives with the construal of the right by the EU Court of Justice.     

It wasn't all white light before Prism: Law enforcement practices in gathering data abroad,and proposals for further transnational access at the Council of Europe

This is a brief comment on a meeting held at the Council of Europe in Strasbourg, which discussed ways of improving transnational access to data by law enforcement through the Cybercrime Convention. In particular, the possible introduction of a new protocol, and a guidance note on art. 32(b), were considered. It is argued that there are serious concerns with both proposals. Moreover, the meeting revealed a surprising lack of knowledge as to current levels of cooperation between law enforcement and foreign service providers.     

A comparison of Chinese and the U.S. police cadets’ occupational attitudes

While police attitudes and behaviors have been the subject of a large number of studies conducted since the 1960s, very few studies had assessed Chinese police officers’ work-related attitudes and compared them with those of the U.S. police cadets. Using survey data collected from 263 Chinese and American police cadets, the research empirically tested whether Chinese and American police cadet attitudes differed across four attitudinal dimensions: aggressive patrol, order maintenance, legal restrictions, and distrust of citizens. Bivariate and multivariate results showed that Chinese cadets displayed occupational outlooks that distinguished them from their American counterparts. Chinese cadets supported aggressive patrol and were more distrustful of citizens than their American counterparts. American cadets were more favorable of order maintenance activities and more accepting of legal restrictions compared with Chinese cadets. Implications for future research and policy are discussed.     

Cost-benefit analysis of reducing crime through electronic monitoring of parolees and probationers

Objective

The objective of this study was to estimate the benefits and costs of using electronic monitoring (EM) and home detention to reduce crime committed by parolees and probationers.

Method

Data from a national survey of state prison inmates was adjusted and used to estimate the number of crimes that would have been committed by all parolees and probationers over the course of one year in the absence of EM and home detention. The data were analyzed in combination with existing analyses of the effectiveness and costs of EM and home detention and the economic costs of crime to estimate the benefit-cost ratio of nationwide implementation of EM and home detention with all parolees and probationers.

Results

EM plus home detention could avert an estimated 781,383 crimes every year. The social value of the annual reduction in crime is $481.1 billion. Society would gain $12.70 for every dollar expended on the proposed intervention.

Conclusion

EM plus home detention could be an effective deterrent to crime and could have enormous social benefits, especially if it is applied early and saves what would otherwise be habitual offenders from a life of crime.