Podcast appearances and mentions of James E Baker

Since the start of the war in Ukraine, evidence has emerged that Russia has been relocating and reeducating thousands of Ukrainian children – actions that constitute war crimes, and may give evidence to genocide. This week, host Elisa is joined by friend-of-the-cast Judge Jamie Baker to discuss the latest ICC war crime charges against Putin, and what this could mean for the conflict going forward. Hon. James E. Baker is Director of the Institute for Security Policy and Law at Syracuse University: https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169 References: The Rome Statute and associated articles: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf Russia's Systematic Program for the Re-Education and Adoption of Ukraine's Children. Conflict Observatory and Yale University's Humanitarian Research Lab. Feb. 2023: https://hub.conflictobservatory.org/portal/apps/sites/#/home/pages/children-camps-1 The Contemporary Law of Superior Responsibility: https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/contemporary-law-of-superior-responsibility/47A461016A4C1E83D495F4FA2680D150 NSLT Ep. 227, "The Laws of War Revisited with Judge James Baker": https://soundcloud.com/nsltoday/revisited-james-baker?si=5fa2d26fe58a4d409bedeeea3b1746f3&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing Register for our April 17th event, "FISA Section 702 Reauthorization – a discussion with the General Counsel of the National Security Agency": https://web.cvent.com/event/db79776b-0655-452a-bb3a-2ccc5a374099/summary

At times of real and perceived national security threats, policymakers and decision-makers sometimes consider “law” an impediment rather than an asset. In this week's episode, an expert panel addresses the question - does law matter - and other ethical questions, like how to make the case for law in times of crisis, and why the good faith application of law is a national security value. Lauren Hobart is the Associate Teaching Professor at Syracuse University College of Law: https://www.maxwell.syr.edu/research/autonomous-systems-policy-institute/leadership-staff/faculty/laurie-hobart Hon. James E Baker is Professor by Courtesy Appointment in the Public Administration and International Affairs Department at the Maxwell School for Citizenship and Public Affairs, and Director of the Institute for Security Policy and Law at Syracuse University: https://www.maxwell.syr.edu/directory/the-hon-james-e-baker Dana Dyson is Deputy General Counsel for Operations at the CIA: https://www.wcl.american.edu/community/faculty/profile/ddyson/bio References: Does Law Matter: Making the Case for Law During Times of Crisis, model rules: https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A11ac4f5d-e062-33f2-931f-7d5d7f3e85b7&viewer%21megaVerb=group-discover Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc'y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940): https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/ Hon. James E. Baker, In Common Defense, Chapter 10 (2013): https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ab8115309-431b-34f7-bb8f-572412203545&viewer%21megaVerb=group-discover To view the entire collection of panels from our 32nd Annual Review of the Field of National Security Law Conference: https://www.americanbar.org/groups/law_national_security/events_cle/32-nd-annual-review-of-the-field-of-national-security-law-confernce/recordings-32nd-annual-review-of-the-field-of-national-security-law-conference/

The scale of Russia's criminal conduct in Ukraine is astounding. Since Russia invaded Ukraine almost one year ago, Ukrainian authorities have opened over 50,000 investigations into alleged war crimes committed by Russia. As we approach the one year anniversary of the invasion, we welcome back Judge James Baker to revisit the laws and treaties that apply to Russia and this conflict. Hon. James E Baker is Director of the Institute for Security Policy and Law at Syracuse University: https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169 References: Responsibility of States for Internationally Wrongful Acts: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden calls Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/ The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390 Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441 Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901 Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

(Part 2 of 2) – It's the largest military conflict in Europe since World War II. And in just 4 weeks, Putin's playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states? Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390 Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441 Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901 Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

It's the largest military conflict in Europe since World War II. And in just 3 weeks, Putin's playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states? Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

Most security issues in government present leadership challenges and might in the first instance, best be addressed with effective leadership. In the next instance, such issues present process challenges; getting the process right leads to better policy and to better results. Only in the third instance are issues resolved through law, in part because you cannot legislate leadership. National security lawyers play an essential role in all three areas: Leadership, process, and law. COVID-19 has presented new and unparalleled leadership, process, and legal challenges at the federal, state, and local level, for lawyers, as well as public health officials. COVID-19 has also given lawyers renewed opportunity to consider and understand what it means to be a national security lawyer and to swear an oath to uphold and defend the Constitution. Judge James Baker and Amy Jeffress lead a discussion of the role of ethics and leadership in defining the role of today’s national security lawyers. Amy Jeffress is a partner at Arnold & Porter, and co-chairs the White Collar Defense & Investigations practice: https://www.arnoldporter.com/en/people/j/jeffress-amy Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: James E. Baker, "Leadership in a Time of Pandemic: Act Well the Given Part." Journal of National Security Law and Policy, Volume 11, Issue 1. October 2020. https://jnslp.com/wp-content/uploads/2020/12/Leadership-in-a-Time-of-Pandemic_2.pdf

The National Security Commission on Artificial Intelligence has said, “the development of AI will shape the future of power.” AI is coming and coming hard. The meaningful application of law and ethics will help determine whether we maximize the opportunities and minimize and mitigate the risks. Law and ethics will, or could and should, distinguish democratic and American AI from authoritarian applications of AI. Law and ethics will bind like-minded alliances in the AI field and it will help to build and sustain public trust and support for appropriate AI applications. The converse is also likely. If, for example, the public does not trust the government’s use of AI because of certain facial recognition applications, it may not trust the government with using AI to facilitate contact tracing amidst a pandemic. This session will consider the ethical use of AI in national security decision-making including: (1) The use of predictive algorithms; (2) Potential AI decision-making redlines and permits; and (3) What is it national security lawyers should know and should ask about AI before it is used to inform and execute national security decisions. Corin Stone is a Scholar-in-Residence at American University's Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/cstone/bio Hon. James E. Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: - James E. Baker, The Centaur's Dilemma: National Security Law for the Coming AI Revolution. Brookings Institution Press, 2020. Introduction: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/centaurs-dilemma-introduction.pdf Chapter 10: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/centaurs-dilemma-chapter-10.pdf - Department of National Intelligence, "Artificial Intelligence Ethics Framework for the Intelligence Community." June, 2020. https://www.dni.gov/files/ODNI/documents/AI_Ethics_Framework_for_the_Intelligence_Community_10.pdf - Ashley Deeks, “Predicting Enemies,” 104 Virginia Law Review 1529 (2018). https://www.virginialawreview.org/wp-content/uploads/2018/12/104VaLRev-2.pdf - Department of Defense Ethical Principles for Artificial Intelligence: https://www.defense.gov/Newsroom/Releases/Release/Article/2091996/dod-adopts-ethical-principles-for-artificial-intelligence/ -ABA Model Rules of Professional Conduct and Comments: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/model-rules-ai-webinar.pdf - "Principled Artificial Intelligence – Mapping Consensus in Ethical and Rights-Based Approaches to Principles for AI." Berkman Klein Center for Internet & Society at Harvard University. Jan. 2020: https://cyber.harvard.edu/publication/2020/principled-ai

In partnership with CSIS's Strategic Dialogue on Civic Education as a National Security Imperative, this week's episode features an expert panel of national security lawyers sharing perspectives on why civic education is a national security issue. Why is it important for the American public to understand the role of national security institutions and the rule of law in our democracy? And how does civic education play a role in rebuilding that trust, maximizing security, and strengthening our democracy? This panel is hosted by Elizabeth Rindskopf Parker, former General Counsel of the NSA and CIA, with introductions by Suzanne Spaulding, Senior Advisor at CSIS. The panel features perspectives from the Honorable James E. Baker, Director of the Institute for Security Policy and Law at Syracuse University, Jennifer O'Connor, VP and Deputy General Counsel at Northrop Grumman, Tia Johnson, Visiting Professor at Georgetown Law, and Steve Bunnell, Chief Legal Officer at the Diem Association. To view the original event in the entirety: https://www.csis.org/events/conversation-fbi-director-wray-and-national-security-lawyers-civic-education-national This episode references: - The Civics Secures Democracy Act of 2021: https://delauro.house.gov/sites/delauro.house.gov/files/documents/Civics%20Secures%20Democracy%20Act.pdf - Inspired to Serve, The Final Report of the National Commission on Military, National, and Public Service. March 2020: https://inspire2serve.gov/reports/final-report - The Business Case for Civics Education. Harvard Business Review, sponsored by the U.S. Chamber of Commerce Foundation. Nov. 7 2019. https://www.uschamberfoundation.org/reports/business-case-civics-education

In this episode, the Honorable James E. Baker, Professor of Law at Syracuse University College of Law, Director of Institute for Security Policy and Law, and Professor of Public Administration in the Maxwell School of Citizenship and Public Affairs, discusses his new book "The Centaur’s Dilemma: National Security Law for the Coming AI Revolution," which is published by the Brookings Institution Press. Baker begins by explaining why he thinks artificial intelligence requires us to think about the relationship between people and machines in new ways. He describes some of the national security implications of artificial intelligence technology and its implementation. And he reflects on how policymakers should think about those questions. This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm

This episode was recorded on May 12, 2020.Guest:  James E. Baker, R.R.T., L.R.T. &  Steven R. Holets, R.R.T., L.R.T.Host: Amit K. Ghosh, M.D., M.B.A. (@AmitGhosh006) What are some alternative ventilation strategies we can use to treat patients with COVID-19? James Baker, R.R.T., L.R.T. and Steve Holets, R.R.T., L.R.T. discuss individualizing care, limitations based on device design, and supply chain concerns.AskMayoExpert COVID-19 Resources: https://askmayoexpert.mayoclinic.org/navigator/COVID-19Connect with the Mayo Clinic’s School of Continuous Professional Development online at https://ce.mayo.edu/ or on Twitter @MayoMedEd. 

The black letter law and articles in this episode are: The Defense Production Act [PDF] https://www.fema.gov/media-library-data/20130726-1650-20490-5258/final__defense_production_act_091030.pdf James E. Baker “It’s High Time We Fought This Virus the American Way” New York Times, April 3, 2020 https://www.nytimes.com/2020/04/03/opinion/defense-protection-act-covid.html Youngstown Sheet & Tube Company v. Sawyer 343 US 579 (1952) https://www.oyez.org/cases/1940-1955/343us579 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19 https://www.whitehouse.gov/presidential-actions/executive-order-prioritizing-allocating-health-medical-resources-respond-spread-covid-19/ 42 U.S. Code § 247d on Public Health Emergencies https://www.law.cornell.edu/uscode/text/42/247d “Government Contractor Defense: Military and Non-Military Applications” ABA Section on Litigation https://www.americanbar.org/groups/litigation/committees/products-liability/practice/2016/gvt-contractor-defense-military-non-military-applications/ Judge James Baker is the Director of the Syracuse University Institute for Security Policy and Law http://law.syr.edu/profile/the-hon.-james-e.-baker