Judges gavel and American flag

Center on Law, Ethics and National Security

Center on Law, Ethics and National Security

Conference video now available!

20th annual LENS Spring Conference

"LAWshaping in National Security:
the Past, the Progress, and the Path Ahead"

Friday, February 28 - Saturday, March 1
Room 3041

View the panel discussions and speeches at the conference website



Forthcoming Events

On September 4th, 2014, Professor Dunlap will address the U.S. Air Force Air War College at Maxwell AFB, AL, on the subject of "Providing Advice and Dissent."

On September 11th, 2014, Professor Dunlap will speak to the Federalist Society at Cornell Law School, Ithaca, NY, OH, on "Can Drone Strikes Work?"

On October 6th, 2014, LENS will sponsor a lunchtime presentation entitled "Everything you Wanted to Know About Cybersecurity But Were Afraid to Ask" by Mr. Paul Rosenzweig, formerly the Deputy Assistant Secretary for Policy in the Department of Homeland Security.

On October 17th, 2014, Professor Dunlap will address the U.S. Air Force Air Command and Staff School at Maxwell AFB, AL, on the subject of "Ethics in Authority and Command."

On October 23rd, 2014, Professor Dunlap will participate in the (Canadian) Judge Advocate General's Continuing Legal Education Conference 2014 in Ottawa, Canada.

On November 6-7, 2014 the Center will co-sponsor the ABA's Standing Committee on National Security Law's "24th Annual Review of the Field of National Security Law" in Washington, DC. Professor Dunlap will chair a panel on developments in military justice.

On November 13, 2014, Professor Dunlap will speak to the Federalist Society At Akron Law School, Akron, OH, on "Developments in Military Justice."

Recent Events

From July 7th through the 17th, Professor Dunlap taught a class on "Hot Topics in National Security Law" for Duke Law's D.C. Summer Institute on Law and Policy, Washington, DC. For more information, see: https://law.duke.edu/dcinstitute/courses/

On June 5, 2014, Professor Dunlap taught a class on "Lawfare" and a class on "Civil-Military Relations" at the 22nd National Security Law Institute at the University of Virginia Law School, Charlottesville, VA.

On May 16th, Professor Dunlap was the dinner speaker at the Military Officers of America Association meeting of the North Carolina Council of Chapters, Durham, NC.

On May 2, 2014, Professor Dunlap was honored as a "Distinguished Alumni" by Detachment 750, Air Force ROTC, St Joseph's University, Philadelphia, PA.

After his presentation on civil-military relations at the U. S. Naval Academy Professor Dunlap spoke with Midshipman Katie Moore about opportunities as a military lawyer.

After his presentation on civil-military relations at the U. S. Naval Academy Professor Dunlap spoke with Midshipman Katie Moore about opportunities as a military lawyer.

On April 24, 2014, Professor Dunlap spoke about civil-military relations to the Alliance Linking Leaders in Education and the Services (ALLIES) at the U.S. Naval Academy, Annapolis, MD.

On April 22, 2014, Professor Dunlap participated in the Leadership Forum sponsored by the Chief of Staff, U.S. Air Force, in Washington, DC.

Professor Dunlap joins the Western State University Law Review staff and Professors Amy Gaudion (Penn State), William Snyder (Syracuse), and John Radsan (William Mitchell) at Western State's National Security Symposium.
Professor Dunlap joins the Western State University Law Review staff and Professors Amy Gaudion (Penn State), William Snyder (Syracuse), and John Radsan (William Mitchell) at Western State's National Security Symposium.

On April 12th, 2014, Professor Dunlap was a panelist discussing drones for the "National Security Symposium: The Constitutionality and Consequences of America's Use of Drones and the NSA Spying Program" for the Western State College of Law in Fullerton, CA.

On April 4th, 2014, Professor Dunlap provided an update on national security law issued for the residents of the Forest at Duke, Durham, NC.

On April 3rd, 2014, at 12:15 in Room 3037, Professor Dunlap joined Professor Larry Helfer in a panel discussion about the recent events in Crimea and their significance.

The Admiral and the General: Duke Law Professor Emeritus Robbie Robertson (RADM, USN, ret.) hosted Professor Dunlap (Maj Gen., USAF, ret.) at Duke Forest

The Admiral and the General: Duke Law Professor Emeritus Robbie Robertson (RADM, USN, ret.) hosted Professor Dunlap (Maj Gen., USAF, ret.) at Duke Forest

On March 20th, 2014, Professor Dunlap spoke on "Lawfare" to the University of St. Thomas School of Law Federalist Society, Minneapolis, MN.

On March 6, 2014 Professor Dunlap participated in the "Intention & Double-Effect: Theoretical and Practical Challenged" conference sponsored by the Social Trends Institute and the Jacques Maritain Center at the University of Notre Dame, South Bend, IN.

On February 5-7, 2014, Professor Dunlap participated in the "Legal Implications of Autonomous Weapons Workshop" at the Naval War College, Newport, RI.

On January 31st, 2014, Professor Dunlap spoke about ethics and cyberwar to the annual conference sponsored by the North Carolina Journal of International Law and Commercial Regulation, University of North Carolina School of Law.

On January 29th, 2014, Professor Dunlap spoke about remotely-piloted aircraft for the Carnegie Council Public Affairs Program, New York, NY.

On January 21st, 2014, Professor Dunlap addressed "Lawfare" and "Ethical Issues of Cyberwar" at the Royal Danish Defense College in Copenhagen, Denmark.

On January 16th, 2014, Professor Dunlap was the guest of honor at a dinner with the Duke University Alexander Hamilton Society.

On December 6th, 2013, Professor Dunlap was the guest evaluator for the U.S. Army's Strategic Studies Group in Washington, D.C.

On October 31st Professor Dunlap chaired a panel entitled "Do We Need a New AUMF?" at the ABA's 23rd Annual Review of the Field of National Security Law. The Center co-sponored the conference, and Duke's Professor Curt Bradley was one of the panelists.

On October 28th, 2013, the Center co-sponsored with the Center for International & Comparative Law a lecture by Ben Wizner, director of the ACLU Speech, Privacy, and Technology Project, entitled "Something to Hide: New Technology, Dragnet Surveillance, and the Future of Privacy."

On October 24th, 2013, Professor Dunlap spoke to the Charlotte School of Law Federalist Society about drones.

On October 9th, 2013, Professor Dunlap spoke to the Federalist Society chapter and the law school community at Boalt Hall (UC Berkeley School of Law) on "lawfare."

On October 4th, 2013, the Center co-sponsored with the International Committee of the Red Cross the "US/Canada International Humanitarian Law Workshop," to take place at Duke Law School.

On October 1st, Professor Dunlap judged Duke Law's Jessup Cup finals.

On September 28th, 2013, the Center co-sponsored with the Center for National Security Law at the University of Virginia School of Law the Fourth Annual Seminar on Teaching National Security Law, entitled "Lawyers in the National Security Process."

On September 25th, 2013, Professor Dunlap participated in a panel discussion at Duke Law School concerning possible military operations in Syria.

On September 20th, 2013 Professor Dunlap served as a faculty discussant at the XIVth Annual "New Faces" at the Friday Center, University of North Carolina, Chapel Hill, NC.

On September 17th, 2013 Professor Silliman delivered the Constitution Day address at University of North Carolina Law School, Chapel Hill, NC.

Professor (Major General, USAF (Ret.)) Dunlap conducted the retirement ceremony for Lt Col. Peter OertelOn August 29th, Professor (Major General, USAF (Ret.)) Dunlap conducted the retirement ceremony for Lt Col. Peter Oertel, the commander of Duke's Air Force ROTC Detachment. The ceremony took place on the University campus at Trent Hall. In addition, he conducted the change of command ceremony wherein Lt Col Michael Martinez assumed command of the unit.

On August 11th, 2013, Professor Dunlap participated in the 5K run on the Duke campus in connection with The Freedom 500 ultra relay which supports the Mission Continues Program for veterans.

On July 19th, 2013, Professor Dunlap presented a lecture entitled "Ethics and National Security" as part of the junior Army officer program of the Institute for Defense and Business at the University of North Carolina.

On July 17th, 2013, Professor Dunlap participated in the "Ethics and Law" working group of the Stimson Commission on US Drone Policy.

On July 16th, 2013, Professor Dunlap held a session with Duke graduates on Capitol Hill to update them on key national security law issues.

From July 8th to July 19th, 2013, Professor Dunlap taught a course on "Hot Topics of National Security Law" as part of the Duke Law's new D.C. Summer Institute.

On June 11th, 2013, Professor Dunlap taught a class on "Lawfare" and a class on "Civil-Military Relations" at the 21st National Security Law Institute at the University of Virginia Law School.

On June 10th, 2013, Professor Dunlap was a guest speaker at 75th Ranger Regiment's Field Grade Officer Professional Development Lecture Series in Crystal City, Va.

On May 30th and 31st, 2013, Professor Dunlap participated in the International Committee of the Red Cross conference on "Martens Readings on International Humanitarian Law" in St. Petersburg, Russia.

On May 9th, 2013, Professor Dunlap spoke on cyberwar and cybersecurity as part of the Great Decisions series at the Gathering Place in Fearrington Village, N.C.

On May 10th, 2013, Professor Dunlap was the guest speaker and commissioning officer at the Duke University Air Force ROTC commissioning ceremony.

On May 7th, 2013, Professor Silliman was the featured speaker at the Winston-Salem Rotary Club in Winston-Salem, N.C.

On April 29th, 2013, Professor Dunlap spoke at San Diego State University as part of series of lectures sponsored by the Fred J. Hansen Institute on the theme of "International Law and Global Justice: Friends, Acquaintances or Enemies?"

On April 25th, 2013, Professor Dunlap participated on a panel addressing the "Legal limitations on the use of proxy forces in modern international conflict" as part of the spring meeting of the ABA Section on International Law in Washington, D.C.

On April 22nd, 2013, Professor Dunlap participated in a debate entitled "Game of Drones: The Use of Drones in US Foreign Policy" with Professor Claire Finkelstein of the University of Pennsylvania Law School.

On April 12th, 2013, Professor Dunlap participated in the University of Miami National Security and Armed Conflict Law Review Annual Symposium in Miami, Florida.

On March 27th, 2013, Professor Dunlap participated in the Debating Law of Religion Workshop program at Yale Law School.

On March 14th and 15th, 2013, Professor Silliman organized and lectured at the 10th annual Law and Terrorism Seminar at Duke Law School, a program done in conjunction with the Federal Judicial Center.

On March 1st and 2nd, 2013, the Center presented its annual conference at Duke Law School. For more information: http://web.law.duke.edu/lens/conferences/2013/program.

On February 28th, 2013, LENS co-sponsored with the Center for International and Comparative Law a lecture by Professor Curt Bradley on his newly released book, "International Law in the U.S. Legal System." More information is found here: http://web.law.duke.edu/cicl/news/story?id=8047&u=26.

On February 26th, 2013, the Center co-sponsored with the Center for International & Comparative Law a lecture by Henrikas Mickevičius, director of the Human Rights Monitoring Institute, entitled "A Review of U.S. Rendition Practices by the European Court of Human Rights."

On February 9th, 2013, Professor Silliman gave a national security update lecture at the UNC Law Annual Festival of Legal Learning at the Friday Center in Chapel Hill, N.C.

On February 2nd, 2013, Professor Dunlap addressed a class at the National Intelligence University in Washington, D.C.

On January 26th, 2013, Professor Dunlap participated in the Sixth Annual Intellectual Roundtable at Boston University sponsored by the Alliance Linking Leaders in Education and the Services (Allies), an organization dedicated to improving civilian-military relations.

On January 25th, 2013, Professor Dunlap participated in a debate about drone warfare sponsored by the Duke University Hamilton Society.

On January 22nd, 2013, Professor Silliman delivered a speech on humanitarian intervention at the UNC Great Decisions Lecture Series in Chapel Hill, N.C.

On January 18th, 2013, Professor Silliman spoke on dealing with terrorism to a group of about 75 at the Chapel Hill Bible Church in Chapel Hill, N.C.

Former U. S. Secretary of State Condoleezza Rice with Dunlap, Silliman, and members of the Duke community

Forthcoming Scholarship

Dunlap, Clever or Clueless? Observations about Bombing Norm Debates, in BOMBING: HOW LEGAL AND ETHICAL NORMS CHANGE (Matthew A. Evangelista ed., forthcoming 2013).

Dunlap, Commentary on the Paper of Vyacheslav A. Batyr: "Means of Warfare: New Challenges of the 21st Century" for the RUSSIAN YEARBOOK OF INTERNATIONAL LAW (forthcoming 2014).

Recent Scholarship

 

Dunlap, Top Ten Reasons Sen. Gillibrand's Bill is the Wrong Solution to Military Sexual Assault, Social Studies Research Network, Nov. 28, 2013, available at SSRN: http://ssrn.com/abstract=2358044 or http://dx.doi.org/10.2139/ssrn.2358044 (last visited Nov. 30, 2013).

Dunlap, The Moral Responsibility of Volunteer Soldiers, BOSTON REVIEW, Nov. 6, 2013

Dunlap, On 'The Lure of Strike', 43(3) PARAMETERS 121, Autumn 2013.

Dunlap, Anticipatory Self-Defense and the Israeli-Iranian Crisis: Some Remarks, 19 ILSA JOURNAL OF INT'L & COMPARATIVE LAW 319 (2013).

Dunlap, The Role of Peacebuilding and Conflict Management in a Future American Grand Strategy: Time for an "Off Shore" Approach?, in CONFLICT MANAGEMENT AND PEACEBUILDING: PILLARS OF A NEW AMERICAN GRAND STRATEGY 133 (Volker D. Franke and Robin Dorff eds., 2013).

Dunlap, Military Law, in THE MODERN AMERICAN MILITARY (David M. Kennedy ed., 2013).

Dunlap, Some Observations Regarding Gabriella Blum's "Fog of Victory," 24 EUROPEAN JOURNAL OF INT'L LAW 423-32 (2013).

Dunlap, Ethical Issues of the Practice of National Security Law: Some Observations, 38 OHIO N.U. L. REV. 1057-95 (2012).

Dunlap, Do We Need New Regulations in International Humanitarian Law? An American's Perspective, 25 J. OF INT'L. LAW OF PEACE AND ARMED CONFLICT 121-28 (2012).

Dunlap, The Intersection of Law and Ethics in Cyberwar: Some Reflections, 24 AIR & SPACE J. 1-17 (2012).

Dunlap, Lawless Cyberwar? Not If You Want to Win, in PATRIOT DEBATES: CONTEMPORARY ISSUES IN NATIONAL SECURITY LAW, American Bar Assn. (Harvey Rishikof, Stewart Baker, and Bernard Horowitz eds., 2012).

Dunlap, Responses to Five Questions, 38 Wm. Mitchell L. Rev. 1564-86 (2012).

Dunlap, Law of War Manuals and Warfighting: A Perspective, 47 TEX. J. INT'L. L. 265 (2012).

Dunlap, A Whole Lot of Substance or a Whole Lot of Rhetoric? A Perspective on a Whole-of-Government Approach to Security Challenges, in CONFLICT MANAGEMENT AND "WHOLE OF GOVERNMENT": USEFUL TOOLS FOR U.S. NATIONAL SECURITY STRATEGY?, U.S. Army Strategic Studies Institute 185-215 (Volker D. Franke & Robin Dorff eds., 2012).

Dunlap, The Mottled Legacy of 9/11: A Few Reflections on the Evolution of the International Law of Armed Conflict, in YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW 2011 (Michael N. Schmitt ed., 2012), at 431.

Charles Dunlap on the Discussion Started by Mark Mazzetti, The Drone Zone, LAWFARE, July 12, 2012.

Dunlap, Bad Policies Breed Bad Behavior on Modern Battlefield Situations, CLEVELAND PLAIN DEALER, Apr. 22, 2012.

Dunlap, Lawfare Today . . . and Tomorrow, in INTERNATIONAL LAW AND THE CHANGING CHARACTER OF WAR 315 (Raul A. "Pete" Pedrozo and Daria P. Wollschlaeger eds., 2011) (Vol 87, U.S. Naval War College International Law Studies).

Dunlap, The Military-Industrial Complex, DAEDALUS, at 135, summer 2011.

Dunlap, Perspectives for Cyber Strategists on Law for Cyberwar, STRATEGIC STUDIES QUARTERLY, spring 2011, at 81.