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Ave Maria Law Publications: Govern

Publications directory

Professor Govern

Kevin H. Govern
Associate Professor

Professor Govern began his legal career as an Army Judge Advocate, serving 20 years at every echelon during peacetime and war in worldwide assignments involving every legal discipline. He has also served as an Assistant Professor of Law at the United States Military Academy and has taught at California University of Pennsylvania. He has published widely and spoken frequently on international and comparative law, national security and homeland security law, military operations, and professional ethics.

SSRN

Reinforcing The Rule of Law and Human Rights in Mexico through U.S. Special Operations Forces (SOF) Missions, under contract to be included in: Law and Business Review of the Americas Vol. No. 19 Issue No. 4 (2013) (published Spring 2014).

Mary Parent and Kevin Govern, Florida and the Film Industry: An Epic Tale of Talent, Landscape, and the Law, Nova Law Review Vol. 38 (2013).

Kevin Govern and Scott Schlager, Guns for Hire, Death on Demand: The Permissibility of United States Outsourcing of Drone Attacks to Civilian Surrogates of the Armed Forces and Challenges to Traditional Just-War Theory, Florida Journal of International Law Vol. 25, Issue No. 2 (2013).

Smart Power for Hard Problems: The Role of Special Operation Forces Strengthening the Rule of Law and Human Rights in Africa, University of Baltimore Journal of International Law Vol. 1 (2013).

Warrant Based Targeting: Prosecution-Oriented Capture and Detention as Legal and Moral Alternatives to Targeted Killing, Arizona Journal of International & Comparative Law, Vol. 29, No. 3, (2012) (published 2013).

Right to Peace or Human Rights Per Se in Islamic States, Ave Maria Law Review, Vol. 11, No. 1 (2012).

Cultural and Legal Influences and Impediments to Cultivating Peace and Human Rights in Islamic States, 2 Impunity Watch Annual Review 54 (2012).

Introduction to the Anticlerical Articles of the Federal Constitution of 1917 and Their Historical Consequences, Ave Maria International Law Journal Vol. 1:2, 461 (2012).

National Solutions to an International Scourge: Prosecuting Piracy Domestically as a Viable Alternative to International Tribunals, 19 University of Miami International and Comparative Law Review, Issue 1, 1 (2011).

21st Century Africa as an “Arc of (In) Stability”: U.S. and African Economic, Security, and Development Policies Advanced through U.S. Africa Command Initiatives, Connecticut Journal of International Law, Vol. 25, No. 2 (2011).

Resigned to Failure or Committed to a Just Cause of Justice? The Matthew Hoh Resignation, Our Current Politico-Military Strategy in Afghanistan, and Lessons Learned from the Panama Intervention of Twenty Years Ago, Oregon Review of International Law, Vol. 13 (2011).

A Survey of Islamic Attitudes Towards the Legitimacy of International Law and International Agreements, Indian Yearbook of International Law & Policy, Vol. 2, p. 53 (2010-2011).

Pablo Hurtado and Kevin Govern, Diversity, Global Unity, and the Holy Trinity” Making Sense of World Events through an Integrative Jurisprudence, The Journal Jurisprudence, Vol. 5 (February 2010).

Fidelity and Fairness: Mulieris Dignitatem's Wisdom Relating to Marital Commitments, Covenants, Contractual Relationships and the Church, (Rutgers Journal of Law & Religion – 2009).

Book Review:  Human Killing Machines – Systematic Indoctrination in Iran, Nazi Germany, Al Qaeda, and Abu Ghraib, Homeland Security Review, Vol. 3, No. 2 (Summer 2009).

Agroterrorism and Ecoterrorism: Indo-American Approaches under Law and Policy to Prevent and Defend Against These Potential Threats Ahead, Florida Coastal Law Review (Winter 2009).

Book Review:  Terrorist Recognition Handbook: A Practitioner's Manual for Predicting and Identifying Terrorist Activities, Journal of Homeland Security and Emergency Management (2009).

John Winn and Kevin Govern, Identity Theft: Risks and Challenges to Business of Data Compromise, Temple Journal of Science, Technology & Environmental Law (Spring 2009).

Kevin Govern and Eric Bales, Taking Shots at Mercenarism: International Law Misses its Mark (Again), Fordham International Law Journal (December 2008).

John Winn and Kevin Govern, Maritime Pirates, Sea Robbers, and Terrorists: New Approaches to Emerging Threats, Homeland Security Review (Fall 2008).

Rechtstaat Aspirations versus Accomplishments, Indian Society of International Law Yearbook of International Humanitarian and Refugee Law Vol. VI (2006).

Book Review: The Hunt for Bin Laden, Military Law Review (Spring 2004).

 

Journal Articles

Military Firearms in Ferguson and Beyond: Arms Transfers to Civilian Law Enforcement under the '1033 Program', Jurist Forum (September 3, 2014).

The Passing of Fred Phelps and Challenges to First Amendment Freedom of (and from) Speech, Jurist Forum (March 23, 2014).

Defense Support of Civil Authorities – Dealing with Natural and Man-Made DisastersThe Officer, (September-October 2013).

Lawful Military Support to Civil Authorities in Times of Crisis, Jurist Forum (May 2, 2013).

Drone Operations in Current US Counterterrorism Strategy in Africa, Jurist Forum (February 11, 2013).

Asymmetric Warfare: The Strait of Hormuz and Future Crises, Jurist Forum (July 17, 2012).

The 'Great Game' & the US-Afghan Strategic Partnership Agreement, Jurist Forum (May 22, 2012).

Hungary and Mexico's Constitutional Parallels, Jurist Forum (February 11, 2012).

Iraq Withdrawal Highlights the Need for Smart Power, Jurist Forum (December 13, 2011).

Expedited Justice: Gaddafi’s Death and the Rise of Targeted Killings, Jurist Forum (October 25, 2011).

The Twitter Revolutions: Social Media in the Arab Spring, Jurist Forum (October 22, 2011).

Avoiding Amnesty:  Bringing Gaddafi to Justice, Jurist Forum (August 25, 2011).

The Mumbai Bombings and the Law of US-Pakistan Relations, Jurist Forum (July 18, 2011).

The History of “I Swear,” Maria News, Vol. 1, Issue 3 (Spring 2011).

Higher Standards of Honorable Conduct Reinforced: Lessons (Re) Learned from the Captain Honors Incident, Jurist Forum (January 12, 2011).

Editor in Chief / Contributing Author, Military Legitimacy Review (2011 through present; previously Military Legitimacy and Leadership Journal 2009-2010).

Military Laws on Exemplary Conduct:  What Remains after ‘Don’t Ask, Don’t Tell’ Rulings, Jurist Forum (October 2010).

Florida for Life: Current and Proposed Legislative Initiatives to Promote a Culture of Life, Maria News, Vol. 1, Issue 1 (Spring 2010).

Co-authored with John Winn, HITECH ratchets up HIPAA accountability, Modern Medicine (January 2010).

The Geneva Conventions between War and Peace: Sixty Years and Counting, Jurist Forum (August 2009).

Sharing a SOFA with Iraq: Towards a Status of Forces Agreement, Jurist Forum (July 2008).

A Reflection on the Millennium Challenge 2002 War Game: Lessons to be Learned, Law & Policy Monitor (Spring 2008).

“Making Martial Law Easier” in the US, Homeland Security Review, (Fall 2007).

Rethinking Recent Rule of Law Efforts in Iraq, Jurist Forum (February 2007).

“You Can Do It, We Can Help” … Improving Home Improvement” After Disasters with “Brand Names You Know and Trust?”The Homeland Security Review (Winter 2005).

The Importance of Fact, and the Good, the Bad, and the Ugly of Government Effort, Law & Policy Monitor (Fall 2005).

Security Assistance Cooperative Approaches to Counterterrorism, Defense Institute for Security Assistance Management (DISAM) Journal (Summer 2005).

Sorting the Wolves from the Sheep - Enemy Prisoner of War (EPW) Operations during Operation JUST CAUSE, Military Police Professional Bulletin (October 2004).

Fiat Panis (Bread for All) - But Who Will Pay for It?, Journal of Humanitarian Assistance (March 2004).

Public Speaking Engagements and Media Placements (2004- Present) Featured Speaking Engagements & Professional Presentations

Featured Discussion Group Panelist and Speaker on Professional Responsibility and the Global Fight against Corrupt Practices and Bribery, and International Hotspots and Crises: The Rule of Law and the Role of Lawyers, Southeast Association of Law Schools (SEALS) Annual Conference, Amelia Island, FL (August 2014)

Featured Panelist and Speaker on The Legal Way Ahead Between War and Peace, Conference on The Weighing of Lives in War: Combatants and Civilians in the Jus in Bello, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (April 2014)

Featured Speaker on Global Law, World Events, and U.S. National (and Homeland) Security, Charlotte County Republican Club, Punta Gorda, FL (February 2014)

Featured Presenter on E-Technology Legal Ethics, 1st Annual Ave Maria School of Law Continuing Legal Education Seminar, Naples, FL (December 2013)

Featured Panel Speaker on The Very Idea of Compelling Business Secrecy Through the Law:  Obligations and Imperatives Regarding Privacy, Business Data Integrity Preservation, and Identity Theft Prevention, Conference on The Very Idea of Secret Laws:  Transparency and Publicity in Deliberative Democracy, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (November 2013)

Featured Panel Moderator and Speaker on Medical Ethics and the Problem of Dual Use, Conference on Professional Ethics in National Security Law and Policy, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (October 2013)

Featured Panelist Speaker, Presenter on Smart Power For Hard Problems: The Role of Special Operations Forces Strengthening the Rule of Law and Human Rights in Africa, Conference on Sovereignty and the New Executive Authority, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (April 2013)

Presenter, Triumph 2013 - Lives of Valor Awards Ceremony, Holocaust Museum & Education Center of Southwest Florida, Naples, FL (April 2013)

Featured Panelist Speaker, Conference on The Logic of Deterrence and the Changing Face of Warfare, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (November 2012)

Keynote Speaker on Professional Ethics for 40th Annual Goldfarb Foundation Clinical Conference, King of Prussia, PA (November 2012)

Panel Moderator, Roundtable on Cyberwar and the Rule of Law, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (October 2012)

Panel Moderator, Inaugural Panel on Foundational Questions in National Security, Center for Ethics and the Rule of Law, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (September 2012)

Featured Panelist Speaker on “Warrant-Based Targeting:” Prosecution-Oriented Operations, Advancing The Rule of Law, As A Legal and Moral Alternative To Targeted Killing,© University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (May 2011)

Featured Speaker on Legal and Ethical Aspects of Health Care Administration, The Institute for Law and Public Policy, Ave Maria School of Law, Naples, FL (April 2012) and Rosemont College, Rosemont, PA (December 2010)

Featured Speaker on Religion and the Rule of Law: Shari’a, Democracy and the Human Rights, South Carolina Bar Convention, Columbia, SC (January 2012)

Featured Panelist Speaker on Ethical and Legal Dimensions of Targeted Killing, University of Pennsylvania Institute for Law and Policy, Philadelphia, PA (December 2011)

Featured Speaker on Legal Education and Advancing the Rule of Law Domestically and Abroad, Marco Island Sunshine Rotary Club, Marco Island, FL (December 2011)

Featured Speaker on Warrant-Based Targeting and the Rule of Law, Human Rights Instructor Course, The Western Hemisphere Institute for Security Cooperation, U.S. Department of Defense, Ft. Benning, GA (August 2011)

Featured Speaker on Shari’a Law and Rule of Law:  Rule of Law and Islamic Law, Interagency Rule of Law training Course, Rule of Law Collaborative, The University of South Carolina, Columbia, SC (May 2011)

Featured Speaker on Guns for Hire – Death on Demand? Private Military Companies As State Surrogates For Licit Targeted Killings,© Targeted Killing Conference Co-Sponsored by Institute for Law and Philosophy, University of Pennsylvania Institute for Law and Policy and Jean Beer Blumenfeld Center for Ethics of Georgia State University, Philadelphia, PA (April 2011)

Featured Speaker on Law Ethics and Religion in America, The Institute for Law and Public Policy, Ave Maria School of Law, Naples, FL (April 2011), Rosemont College, Rosemont, PA (April 2010, and December 2009) and Canonsburg, PA (August 2009)

Featured Speaker-Debater on Right to Peace or Human Rights per se in Islamic States The Foundation of Human Rights: Catholic Contributions Conference, Co-Sponsored by Ave Maria School of Law, Ave Maria University and Sacred Heart Major Seminary, (March 2011)

Featured Speaker-Debater on Trials for Terrorists?, The Federalist Society, Ave Maria School of Law, Naples, FL (February 2011)

Featured Speaker on Legal and Ethical Aspects of Health Care Administration, The Institute for Law and Public Policy, Rosemont College, Rosemont, PA (December 2010)

Featured Speaker-Debater on McDonald v. City of Chicago, The Federalist Society, Ave Maria School of Law, Naples, FL (November 2010)

Discussant and Presenter on National Solutions to an International Scourge:  Prosecuting Piracy Domestically as a Viable Alternative to International Tribunals, © Telford Taylor International Criminal Law Conference, West Point, NY (September 2010)

Featured Speaker on An American Perspective on Advancing the Rule of Law in Iraq, © Bonita Springs Rotary Club, Bonita Springs, FL (August 2010)

Featured Speaker on Risk Management and Corporate Governance, Graduate School of Business, Loyola University of Chicago, Chicago, IL (October 2009)

Featured Speaker on Identity Theft:  The Risks and Challenges of Data Compromise, University of Louisville, Louisville, KY (August 2009)

Featured Speaker on Boumediene v. Bush, The Federalist Society, Ave Maria School of Law, Ann Arbor, MI (April 2009)

Featured Speaker on AFRICOM as the New “New Thing:” Mixed Metaphor or New Paradigm for the Developing World?, The Citadel Symposium on Military Legitimacy and Leadership, Charleston, SC (March 2009)

Featured Speaker on Pax Africana, Postcolonial Identity and the Politico-Military Strategy of U.S. Africa Command (AFRICOM), 2009 Hawaii International Conference on Arts and Humanities, Honolulu, HI (January 2009)

Featured Speaker on Rule of Law and Islamic Law, U.S. Army Forces Command, Atlanta, GA (November 2008)

Featured Speaker on Fidelity and Fairness: Mulieris Dignitatem's Wisdom Relating to Marital Commitments, Covenants, Contractual Relationships and the Church, University of St. Thomas, St. Paul, MN (October 2008)

Featured Speaker on A Catholic Perspective on Advancing the Rule of Law in an Islamic Iraq, Adam Cardinal Maida Alumni Library, Orchard Lake, MI (February 2008)

Featured Speaker on U.S. Africa Command’s (AFRICOM’s) Challenges Ahead: Advancing U.S. and African Economic, Security, and Development Policies, Barnes Symposium on Legitimacy, Economic Development and Change, University of South Carolina, Columbia, SC (January 2008)

Featured Speaker on Agroterrorism and Ecoterrorism, Indian Society of International Law 5th International Conference on International Environmental Law, New Delhi, India (December 2007)

Guest Speaker, Rule of Law and Islamic Law, The Citadel, Charleston, SC (October 2007)

Keynote Speaker on Finding the Ethical High Ground and Standing Your Ground, Presentation to JPMorganChase Attorneys and Compliance Directors, New York, NY & Worldwide Webcast (July 2007)

Convention Keynote Speaker on Building an Ethical Climate, Securities Industry and Financial Markets Association Annual Convention, Orlando, FL (May 2007)

Featured Presenter on Rule of Law in Post-Conflict Societies, and the Iraqi Legal System, Stability and Reconstruction Operations Conferences, Ft. Bragg, NC (March 2007)

Featured Presenter on Fighting Insurgency and Fostering Stability Through Cultural Understanding and Lawful Authority, The Citadel Symposium on Military Legitimacy and Leadership (Charleston, SC) (March 2007)

Featured Presenter on “Rechtstaat” Aspirations Versus Accomplishments: Rethinking Recent Rule Of Law Efforts In Iraq, Barnes Symposium on Legitimacy and Western & Non-Western Views of Human Rights, University of South Carolina, Columbia, SC (February 2007)

Featured presenter on Leadership and Legitimacy in Military Missions and in Society, The Citadel Symposium on Military Legitimacy and Leadership, Charleston, SC, (October 2006)

Featured Presenter on Building an Ethical Work Environment, NASD Ethics Seminar, New York City, NY (September 2006)

Featured Speaker on Comparative Law and World Legal Traditions, Legal Systems of Afghanistan, Iraq and Iran, and Stability Operations and Rule of Law in Islamic Countries, 1st 2nd and 3rd Rule of Law Workshops, Ft. Bragg, NC (October 2006, March 2007, and August 2007)

Memorial Day Keynote Speaker, Rockland County Memorial Day Observance, Haverstraw, NY (May 2005 and 2006)

Featured Presenter on The Global War on Terror, Today’s Army, and The Future, Officer Candidate School Conference, West Point, NY (June 2006)

Featured Presenter on Time and Tragedy:  A Study of Two Stability Operations Separated by Fifteen Years, Barnes Symposium on Legitimacy and Western & Non-Western Views of Human Rights, University of South Carolina, Columbia, SC (February 2006)

Featured Presenter on Detainee Operations: Retrospective and Prospective, Victory Training Brigade, Ft. Jackson, SC (February 2006)

Featured Presenter on Human Rights and Legitimacy in Military Missions, The Citadel Symposium on Military Legitimacy and Leadership, Charleston, SC, (October 2005)

Featured Presenter on Discerning and Developing Leaders of Character: The Faculty and Staff Role on the USMA Admissions Committee, Navy Service Training Command (NSTC) First Annual Accession Training Research and Best Practices Symposium, Lincolnshire, IL (August 2005)

Featured Presenter on The Law of War and the Irregular Warrior, MS 360 Special Operations and Low-Intensity Conflict (SOLIC) Course, U.S. Military Academy, West Point, NY (November 2005, April 2005, October 2006, and April 2007)

Featured Presenter on Rules of Engagement and Dealing with Civilians and Media on the Battlefield Training, USMA, West Point, NY (July-August 2005)

Featured Presenter on Cyberterrrorism, Cybercrime and Cyberspace Law, Information Technology (IT) 305 Theory and Practice of Military IT, USMA, West Point, NY (May 2005)

Featured Presenter on Law of Armed Conflict & International Law-Operational Law, Barnes Symposium on Religion, Ethics & Armed Conflict Law, University of South Carolina, Columbia, SC (April 2005)

Featured Presenter on The Legal Way Ahead Between War and Peace, Annual Joint Conference 2004 American Political Science Association and International Studies Association, Washington, D.C., (October 2004)

Featured Presenter on Legal Aspects of Terrorism and Counterterrorism, Defense Institute of International Legal Studies Mobile Education Team Seminar, New Delhi, India (September 2004)

Subject Guide

Profile Photo
Ulysses Jaen
Contact:
1025 Commons Circle, Naples,
Florida 34119-1376
(239)687-5501 Tel.
Website

Publications, Books and Book Chapters

Co-Editorship and Co-Authorship of Cyber War – Law and Ethics for Virtual Conflicts, Oxford University Press (2015)

American Law from a Catholic Perspective

Defense Support of Civil Authorities – Responding to Natural and Man-Made Disasters, in: Operational Law in U.S. Practice, under contract to be published by Oxford University Press (Forthcoming 2015)

Fidelity and Fairness in Marital Commitments, Covenants, and Contractual Relationships: Mulieris Dignitatem’s Wisdom, in: American Law from a Catholic Perspective: Through a Clearer Lens, under contract to be published by Scarecrow Press (Forthcoming 2015)

Co-authored with Winn, John, Data Integrity Preservation and Identity Theft Prevention: Operational and Strategic Imperatives to Enhance Shareholder and Consumer Value, Chapter 14, Part IV, in: Risk Management and Corporate Governance, Edited by Abolhassan Jalilvand and Tassos Malliaris (Routledge, 2012).

Operation Neptune Spear: Was Killing Bin Laden a Legitimate Military Objective? in: Targeted Killings:  Law and Morality in an Asymmetrical World, edited by Claire Finkelstein, Jens Ohlin and Andrew Altman (Oxford University Press 2012).

Are International Humanitarian Law's Cornerstone Documents Still Secure Sixty Years On? Some Thoughts on the Geneva Conventions and Protocols Additional in:  International criminal law and human rights, ed. Sinha, Manoj Kumar (Manak Publications, 2010)

The Legal Way Ahead Between War and Peace, in Enemy Combatants, Terrorism, and Armed Conflict Law: A Guide to the Issues, Praeger Security International Series (2008).

Mark Welton and Kevin Govern, Illuminating Islamic Jurisprudence:  The Origins and Practice of Islamic Law Worldwide, 2nd Edition, Thomson (2007)

 

The Commissioned Army Officer: Committed by and to the Law, in West Point Perspectives on Officership, McGraw Hill (2006).

Contributing Researcher/ Author, Base Closure and Realignment Commission (BRAC) Final Report to the President (September 2005).

Television/Radio/Print Media Placements

Television Interview, Naples Professor Puts Perspective on ISIS Recruiting, WINK News Channel 50 (CBS Affiliate)(September 17, 2014)

Radio Interview, Modern tort law and Florida jury award of $23.6 billion punitive damages against RJ Reynolds, Drew Mariani Show, Relevant Radio Syndicated Show/1640 AM WSJP  (July 23, 2014)

Same-sex marriage laws point up opportunities for dialogue and some disagreement among faiths,© Naples Daily News (July 20, 2011)

Religions vary on gay marriage, © Ft. Myers News-Press (July 20, 2011)

All 'targeted killings' unique, not just the one of bin Laden,© Ft. Myers News-Press (May 15, 2011)

War on terror expands into territory between war, peace,© Naples Daily News (March 29, 2011)

Radio Interview, Supreme Court Case Overview and Civil Liberties – Snyder v. Phelps, Al Kresta in the Afternoon Show, WDEO – Ann Arbor AM 990 / Naples FM 98.5 (March 2, 2011)

From Networking To Political Revolution,© Naples Daily News (February 25, 2011)

Repeal of ‘don’t ask, don’t tell’ policy raises questions,© Ft. Myers News-Press (December 28, 2010)

‘Free speech’ doesn’t include disrupting solders’ funerals,© Naples Daily News (October 22, 2010)

Preserve Readiness and Moral Decency in the Armed Forces,© Ft. Myers News-Press (September 28, 2010)

Challenges confront ‘rule of law’ in Iraq,© Naples Daily News (September 15, 2010)

Featured Podcast Commentator, Dillon v. United States - Supreme Court Case Overview (July 2010) and Johnson v. United States - Supreme Court Case Overview (March 2010), Federalist Society SCOTUSCast – available online at http://www.fed-soc.org and at iTunes Podcasts (July 2010)

Radio Interview, Supreme Court Case Overview and Religious Liberties, Al Kresta in the Afternoon Show, WDEO – Ann Arbor AM 990 / FM 98.5 (May 2, 2010)

Radio Interview, Advancing the Rule of Law Abroad, The Advocate Radio Show, WDTK – Detroit AM 1400 (November 2007)

Radio Interview, Supreme Court Case Overview, Al Kresta in the Afternoon Show, WDEO – Ann Arbor AM 990 (October 2007)

Lessons from Panama Apply to Afghanistan, © Naples Daily News (December 17, 2009)

 

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