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Jean G. and Morris M. Doyle Professor of Interdisciplinary Studies
Professor of English
Professor of Comparative Literature
John_Bender.jpg PhD

John Bender is Jean G. and Morris M. Doyle Professor in Interdisciplinary Studies, Professor of English and Comparative Literature, and Affiliated Faculty of the The Europe Center. His research and teaching focus on the 18th century in England and France. His special concerns include the relationship of literature to visual arts, to philosophy and science, as well as to the sociology of literature and critical theory. 

 

Bender is the author of Spenser and Literary Pictorialism (1972), Imagining the Penitentiary: Fiction and the Architecture of Mind in 18th-Century England (1987), which received the Gottschalk Prize of the American Society for 18th-Century Studies, The Culture of Diagram (2010)--as co-author with Michael Marrinan—and Ends of Enlightenment (2012).

Affiliated faculty at The Europe Center
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This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States--two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes--and accepts--the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts--flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This article recognizes that both states consider the fight against terrorism to be partly military but also a matter of bringing certain democratic principles to bear. Critics have been quick to condemn some of the measures for their encroachments into civil liberties. My goal is not to measure the success of the laws according to any particular ideology but rather, accepting the governments' democracy-promoting goals, and the role these play in generating domestic and international support, to clarify which components do not appear to serve the states' aims.

This article won Stanford Law School's Carl Mason Franklin Prize for 2005-2006, for most distinguished written work in international law.

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Michigan Journal of International Law
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On June 16, 2002, Dennis Pluchinsky, a senior intelligence analyst at the U.S. Department of State, wrote an article in the Washington Post calling for censorship. The article began, "I accuse the media in the United States of treason." Pluchinsky, who worked counterterrorism in the government for twenty-five years, pointed to post-9/11 articles that revealed not scientific advancements, but American vulnerabilities in regard to the food supply, electricity, chemical production, transportation, and border security. He suggested that research conducted by the media could not have been funded by one, single terrorist organization: "Our news media, and certain think tankers and academicians, have done and continue to do the target vulnerability research for them."

Pluchinsky has a point. Terrorist organizations can and do use the media--and the protections afforded speech in the United States and the United Kingdom--to obtain and disseminate critical information.

The crucial point is this: Both liberal, democratic states, and nonstate terrorist organizations need free speech. Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive political speech have relaxed over time to allow for more criticism. In the United States, Brandenburg v. Ohio cemented this shift. In the United Kingdom, change came gradually. The practical elimination of treason and seditious libel, and incorporation of the European Convention of Human Rights (ECHR) into domestic law through the 1998 Human Rights Act (HRA), marked the transition. If free speech remains central to our understanding of liberal democracy, it would nevertheless be naïve to rely on these alterations to protect expression in the contemporary counterterrorist environment--regardless of how remarkable they might be in the context of what went before.

Underlying my argument in this paper is a deeper concern that centers on the shifting nature of technology. What the average person could have done in 1776, or for that matter, 1976, to hurt either state pales in comparison to what a person with basic knowledge of microbiology, $1000, and a lab can do today. But neither American nor British law appears to have come to terms with what weapons of mass destruction, in terrorist hands, means for free speech.

This article won the 2004-2005 Steven M. Block Civil Liberties award for the best piece of writing in civil liberties at Stanford Law School. It also won second place in the national competition for the 2005 Judge John R. Brown Award for Excellence in Legal Writing, which recognizes the best legal writing by U.S. law students.

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Cardozo Law Review
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Heather Ahn
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This fellowship program has been established, with the generous support of the POSCO TJ Park Foundation, to enable key personnel of Korean NGOs to spend time at leading North American universities gaining knowledge and experience that will further the development of NGOs in Korea.

The fellowship program will be supported by a consortium comprising Columbia University, George Washington University, Indiana University, Stanford University and the University of British Columbia. Each university will host two fellows each year for five years, starting in September 2006.

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Rosamond L. Naylor
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CESP senior fellows Rosamond L. Naylor, Walter P. Falcon, and Harold A. Mooney released the findings of a new study on the impacts of an increasingly global livestock industry in the Policy Forum of the Dec. 9 issue of Science.

The turkey and ham many are eating this holiday season don't just appear magically on the table. Most are the end product of an increasingly global, industrialized system that is resulting in costly environmental degradation. Better understanding of the true costs of this resource-intensive system will be critical to reducing its negative effects on the environment, says an interdisciplinary team of researchers led by Stanford University's Rosamond Lee Naylor, Walter Falcon, and Harold Mooney.

"Losing the Links Between Livestock and Land" appears in the Policy Forum in the Dec. 9 issue of Science. It represents a synthesis of research by professors at Stanford University, the University of Virginia, the University of California at Davis, the universities of Manitoba and British Columbia in Canada, and the United Nations LEAD (Livestock Development and Environment) program within the Food and Agricultural Organization of UN.

"Sixty years ago, the link between the livestock production and consumption was much more clear and direct, with most consumers getting their meat and dairy products from small, family-owned farms," says lead author Naylor, an economist. Co-author Falcon agrees. "When I was growing up in Iowa, almost all farmers kept both chickens and pigs."

Today, meat consumption has sky-rocketed, and large-scale intensive livestock operations provide most of those products, both in the U.S. and around the world.

Particularly striking is the growth in demand for meat among developing countries, Naylor notes. "China's meat consumption is increasing rapidly with income growth and urbanization, and it has more than doubled in the past generation," she says. As a result, land once used to provide grains for humans now provides feed for hogs and poultry.

Numerous factors have contributed to the global growth of livestock systems, Naylor notes, including declining feed-grain prices; relatively inexpensive transportation costs; and trade liberalization. "But many of the true costs remain largely unaccounted for," she says. Those costs include destruction of forests and grasslands to provide farmland for corn, soybeans and other feed crops destined not directly for humans but for livestock; use of large quantities of freshwater; and nitrogen losses from croplands and animal manure.

Nitrogen losses are especially problematic, says James Galloway of the University of Virginia. "Once nitrogen is lost to the atmosphere or to water, it can have a large number of sequential environmental effects. For example, ammonia emitted into the atmosphere can in sequence affect atmospheric visibility, forest productivity, lake acidity and eventually impact the nutrient status of coastal waters."

Naylor cited Brazil as a specific example of the large impact on ecosystems and the environment. "Grasslands and rainforests are being destroyed to make room for soybean cultivation," she said. The areas are supplying feed to the growing livestock industry in Brazil, China, India and other parts of the world, leading to "serious consequences on biodiversity, climate, soil and water quality."

Naylor and her research team are seeking better ways to track all costs of livestock production, especially the hidden ones related to ecosystem degradation and destruction. "What is needed is a re-coupling of crop and livestock systems," Naylor said. "If not physically, then through pricing and other policy mechanisms that reflect social costs of resource use and ecological abuse."

Such policies "should not significantly compromise the improving diets of developing countries, nor should they prohibit trade," Naylor added. Instead, they should "focus on regulatory and incentive-based tools to encourage livestock and feed producers to internalize pollution costs, minimize nutrient run-off, and pay the true price of water."

She cited efforts in the Netherlands to track nitrogen inputs and outputs for hog farms as one approach. In the U.S., the 2002 Farm Bill provided funds for livestock producers to redesign manure pits and treat wastes, but she notes that much greater public and private efforts are needed to reduce the direct and indirect pollution caused by livestock.

In the end, though, it may be up to consumers to demand more environmentally sustainable approaches to livestock production. "In a global economy with no global society, it may well be up to consumers to set a sustainable course," she added.

Seed funding for the research was provided by the Woods Institute for the Environment, which supports interdisciplinary approaches to complex environmental issues. Naylor, Falcon and Mooney are affiliated with the institute and with the Center for Environmental Sciences and Policy in Stanford's Freeman Spogli Institute for International Studies.

In addition to Naylor, Mooney and Falcon of Stanford and Galloway of Virginia, co-authors are Henning Steinfeld of the United Nations Food and Agriculture Organization; Galloway; Vaclav Smil, University of Manitoba; Eric Bradford, University of California at Davis; and Jacqueline Alder, University of British Columbia.

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Even in the absence of a sudden and dramatic shift on the battlefield toward a definitive victory, there may still be a slight opening, as narrow as the eye of a needle, for the United States to slip through and leave Iraq in the near future in a way that will not be remembered as a national embarrassment. Henry S. Rowen comments in the New York Times.

In the old popular song about the rout by Americans at New Orleans during the War of 1812, the British "ran so fast the hounds couldn't catch 'em." Even allowing for patriotic hyperbole, it can hardly be argued that the British extricated themselves with a great deal of dignity, particularly given that another battle in the same war inspired the American national anthem.

The impact of that defeat on the British national psyche is now obscure, but nearly two centuries later, as the Americans and their British allies seek to extricate themselves from Iraq, the story of how a superpower looks for a dignified way out of a messy and often unpopular foreign conflict has become a historical genre of sorts. As the pressure to leave Iraq increases, that genre is receiving new and urgent attention.

And in the shadow of the bleak and often horrific news emerging from Iraq nearly every day, historians and political experts are finding at least a wan hope in those imperfect historical analogies. Even in the absence of a sudden and dramatic shift on the battlefield toward a definitive victory, there may still be a slight opening, as narrow as the eye of a needle, for the United States to slip through and leave Iraq in the near future in a way that will not be remembered as a national embarrassment.

Most of the recent parallels do not seem to offer much encouragement for a confounded superpower that wants to save face as it cuts its losses and returns home. Among them are the wrenching French pullout from Algeria, the ill-fated French and American adventures in Vietnam, the Soviet humiliation in Afghanistan and the disastrous American interventions in Beirut and Somalia.

Still, there are a few stories of inconclusive wars that left the United States in a more dignified position, including the continuing American presence in South Korea and the NATO peacekeeping mission in Bosnia. But even those stand in stark contrast to the happier legacy of total victory during World War II.

The highly qualified optimism of these experts about what may still happen in Iraq - let's call it something just this side of hopelessness - has been born of many factors, including greatly reduced expectations of what might constitute not-defeat there. The United States already appears willing to settle - as if it were in a relationship that had gone sour but cannot quite be resolved by a walk out the door, punctuated with a satisfying slam.

Alongside the dampening of hopes, there has also been a fair amount of historical revisionism regarding the darker tales of conflicts past: a considered sense that if the superpowers had made different decisions, things could have turned out more palatably, and that they still might in Iraq.

Maybe not surprisingly, Vietnam is the focus of some of the most interesting revisionism, including some of it immediately relevant to Iraq, where the intensive effort to train Iraqi security forces to defend their own country closely mirrors the "Vietnamization" program in South Vietnam. If Congress had not voted to kill the financing for South Vietnam and its armed forces in 1975, argues Melvin R. Laird in a heavily read article in the current issue of Foreign Affairs, Saigon might never have fallen.

"Congress snatched defeat from the jaws of victory by cutting off funding for our ally in 1975," wrote Mr. Laird, who was President Nixon's defense secretary from 1969 to 1973, when the United States pulled its hundreds of thousands of troops out of Vietnam.

In an interview, Mr. Laird conceded that the American departure from Vietnam was not a pretty sight. "Hell, the pictures of them getting in those helicopters were not good pictures," he said, referring to the chaotic evacuation of the American embassy two years after Vietnamization was complete, and a year after Nixon resigned. But on the basis of his what-if about Vietnam, Mr. Laird does not believe that all is lost in Iraq.

"There is a dignified way out, and I think that's the Iraqization of the forces over there," Mr. Laird said, "and I think we're on the right track on that."

Many analysts have disputed the core of that contention, saying that large swaths of the Iraqi security forces are so inept they may never be capable of defending their country against the insurgents without the American military backing them up. But Mr. Laird is not alone in his revisionist take and its potential application to Iraq.

William Stueck, a history professor at the University of Georgia who has written several books on Korea, calls himself a liberal but says he buys Mr. Laird's basic analysis of what went wrong with Vietnamization.

Korea reveals how easy it is to dismiss the effectiveness of local security forces prematurely, Mr. Stueck said. In 1951, Gen. Matthew Ridgeway felt deep frustration when Chinese offensives broke through parts of the line defended by poorly led South Korean troops.

But by the summer of 1952, with intensive training, the South Koreans were fighting more effectively, Mr. Stueck said. "Now, they needed backup" by Americans, he said. By 1972, he said, South Korean troops were responsible for 70 percent of the front line.

Of course, there are enormous differences between Iraq and Korea. Korean society was not riven by troublesome factions, as Iraq's is, and the United States was defending an existing government rather than trying to create one from scratch.

Another intriguing if imperfect lesson can be found in Algeria, said Matthew Connelly, a Columbia University historian. There, by March 1962, the French had pulled out after 130 years of occupation.

That long colonial occupation, and the million European settlers who lived there before the bloody exodus, are major differences with Iraq, Mr. Connelly noted. But there were also striking parallels: the insurgency, which styled its cause as an international jihad, broke down in civil war once the French pulled out; the French, for their part, said theirs was a fight to protect Western civilization against radical Islam.

Like President Bush in Iraq, President Charles de Gaulle probably thought he could settle Algeria in his favor by military means, Dr. Connelly said. In the short run, that turned out to be a grave miscalculation, as the occupation crumbled under the insurgency's viciousness.

Over the long run, though, history treated de Gaulle kindly for reversing course and agreeing to withdraw, Mr. Connelly said. "De Gaulle loses the war but he wins in the realm of history: he gave Algeria its independence," he said. "How you frame defeat, that can sometimes give you a victory."

The Americans in Beirut and the Soviets in Afghanistan are seen, even in the long view, as cases of superpowers paying the price of blundering into a political and social morass they did not understand.

For the Soviets, that mistake was compounded when America outfitted Afghan rebels with Stinger missiles capable of taking down helicopters, nullifying a key Soviet military superiority. "I don't think they had a fig leaf of any kind," said Henry Rowen, a fellow at the Institute for International Studies at Stanford who was assistant secretary of defense for international security affairs from 1989 to 1991. "They just left."

In Beirut, the Americans entered to protect what they considered a legitimate Christian-led government and ended up, much as in Iraq, in the middle of a multipronged civil conflict. In October 1983, a suicide attack killed 241 American servicemen at a Marines barracks, and four months after that, with Muslim militias advancing, President Ronald Reagan ordered the remaining marines withdrawn to ships off the coast, simply saying their mission had changed. The episode has been cited by Vice President Dick Cheney as an example of a withdrawal that encouraged Arab militants to think the United States is weak.

Today, even as expectations for Iraq keep slipping, some measure of victory can still be declared even in a less-than-perfect outcome, said Richard Betts, director of the Saltzman Institute of War and Peace Studies at Columbia. For example, he said, an Iraqi government that is authoritarian but not totalitarian might have to do.

The key point, he said, is that under those circumstances, the outcome "doesn't look like a disaster even if it doesn't look good."

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BACKGROUND: Cervical-cancer screening strategies that involve the use of conventional cytology and require multiple visits have been impractical in developing countries. METHODS: We used computer-based models to assess the cost-effectiveness of a variety of cervical-cancer screening strategies in India, Kenya, Peru, South Africa, and Thailand. Primary data were combined with data from the literature to estimate age-specific incidence and mortality rates for cancer and the effectiveness of screening for and treatment of precancerous lesions. We assessed the direct medical, time, and program-related costs of strategies that differed according to screening test, targeted age and frequency, and number of clinic visits required. Single-visit strategies involved the assumption that screening and treatment could be provided in the same day. Outcomes included the lifetime risk of cancer, years of life saved, lifetime costs, and cost-effectiveness ratios (cost per year of life saved). RESULTS: The most cost-effective strategies were those that required the fewest visits, resulting in improved follow-up testing and treatment. Screening women once in their lifetime, at the age of 35 years, with a one-visit or two-visit screening strategy involving visual inspection of the cervix with acetic acid or DNA testing for human papillomavirus (HPV) in cervical cell samples, reduced the lifetime risk of cancer by approximately 25 to 36 percent, and cost less than 500 dollars per year of life saved. Relative cancer risk declined by an additional 40 percent with two screenings (at 35 and 40 years of age), resulting in a cost per year of life saved that was less than each country's per capita gross domestic product--a very cost-effective result, according to the Commission on Macroeconomics and Health. CONCLUSIONS: Cervical-cancer screening strategies incorporating visual inspection of the cervix with acetic acid or DNA testing for HPV in one or two clinical visits are cost-effective alternatives to conventional three-visit cytology-based screening programs in resource-poor settings.

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New England Journal of Medicine
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Jeremy Goldhaber-Fiebert
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How do you stop a terrorist?

You can work hard: Post men and equipment at every street corner, every port, every bay, every slip of beach, every straight stretch of asphalt long enough to land a plane.

You will spend billions, and your lines will be thin. All you've done is build the "impregnable" Atlantic Sea Wall--which the Allies punched through in hours on D-Day.

You've got to work smarter, not harder.

The opening line of the Oscar-winning movie A Beautiful Mind is "Mathematicians won the war." During World War II, the mathematics underlying cryptography played an important role in military planning.

Thereafter came a new kind of war. After the first frosts descended in the Soviet East, perhaps $2 billion were spent in the development of Game Theory.

Now again we face a new kind of war. And we need a new kind of mathematics to fight it.

Since 2001, tremendous amounts of information have been gathered regarding terrorist cells and individuals potentially planning future attacks. There is now a pressing need to develop new mathematical and computational techniques to assist in the analysis of this information, both to quantify future threats and to quantify the effectiveness of counterterrorism operations and strategies. Concepts and techniques from mathematics--specifically, from Lattice Theory and Reflexive Theory--have already been applied to counterterrorism and homeland security problems. The following is a partial list of such problems.

1. Strategies for disrupting terrorist cells

2. Data analysis of terrorist activity

3. Border penetration and security

4. Terrorist cell formation

Jonathan Farley is a CISAC science fellow and a professor in the Department of Mathematics and Computer Science at the University of the West Indies, Jamaica. His work focuses on applying lattice theory and other branches of mathematics to problems in counterterrorism and homeland security.

In 2001-2002 he was one of four Americans to win a Fulbright Distinguished Scholar Award to the United Kingdom. In the calendar years 2003 and 2004 he taught as a professor in the Department of Applied Mathematics at the Massachusetts Institute of Technology. In 2004 he received the Harvard Foundation's Distinguished Scientist of the Year Award, a medal presented on behalf of the president of Harvard University for "outstanding achievements and contributions in the field of mathematics." The City of Cambridge, Mass., declared March 19, 2004, to be "Dr. Jonathan David Farley Day."

He obtained his doctorate in mathematics from Oxford University in 1995, after winning Oxford's highest mathematics awards, the Senior Mathematical Prize and Johnson University Prize, in 1994. He graduated summa cum laude from Harvard University in 1991 with the second highest average in his graduating class.

Farley's work includes the solution of a problem posed by universal algebraist George Gratzer that remained unsolved for 34 years, and the solution (published in 2005) of a problem posed in 1981 by MIT mathematics professor Richard Stanley.

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Background:

Eight randomized trials have evaluated whether the prophylactic use of an implantable cardioverter-defibrillator (ICD) improves survival among patients who are at risk for sudden death due to left ventricular systolic dysfunction but who have not had a life-threatening ventricular arrhythmia. We assessed the cost-effectiveness of the ICD in the populations represented in these primary-prevention trials.

Methods:

We developed a Markov model of the cost, quality of life, survival, and incremental cost-effectiveness of the prophylactic implantation of an ICD, as compared with control therapy, among patients with survival and mortality rates similar to those in each of the clinical trials. We modeled the efficacy of the ICD as a reduction in the relative risk of death on the basis of the hazard ratios reported in the individual clinical trials.

Results:

Use of the ICD increased lifetime costs in every trial. Two trials - the Coronary Artery Bypass Graft (CABG) Patch Trial and the Defibrillator in Acute Myocardial Infarction Trial (DINAMIT) - found that the prophylactic implantation of an ICD did not reduce the risk of death and thus was both more expensive and less effective than control therapy. For the other six trials - the Multicenter Automatic Defibrillator Implantation Trial (MADIT) I, MADIT II, the Multicenter Unsustained Tachycardia Trial (MUSTT), the Defibrillators in Non-Ischemic Cardiomyopathy Treatment Evaluation (DEFINITE) trial, the Comparison of Medical Therapy, Pacing, and Defibrillation in Heart Failure (COMPANION) trial, and the Sudden Cardiac Death in Heart Failure Trial (SCD-HeFT)- the use of an ICD was projected to add between 1.01 and 2.99 quality-adjusted life-years (QALY) and between $68,300 and $101,500 in cost. Using base-case assumptions, we found that the cost-effectiveness of the ICD as compared with control therapy in these six populations ranged from $34,000 to $70,200 per QALY gained. Sensitivity analyses showed that this cost-effectiveness ratio would remain below $100,000 per QALY as long as the ICD reduced mortality for seven or more years.

Conclusions:

Prophylactic implantation of an ICD has a cost-effectiveness ratio below $100,000 per QALY gained in populations in which a significant device-related reduction in mortality has been demonstrated.

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New England Journal of Medicine
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Mark A. Hlatky
Douglas K. Owens
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David Hafemeister is a physics professor at California Polytechnic State University, but this academic year he's at Stanford University studying ways to keep the Comprehensive Test Ban Treaty viable for the U.S. Senate to consider ratifying. Jonathan Farley, a professor in the mathematics and computer science deparment at the University of the West Indies, is here this year as well, conducting a mathematical analysis of counterterrorism operations. They are among seven science fellows now visiting the Center for International Security and Cooperation (CISAC), part of the Freeman Spogli Institute for International Studies at Stanford.

With fellowships in the sciences and social sciences, CISAC, directed by political science Professor Scott Sagan, brings top scholars to campus to find solutions to complex international problems.

This year's fellows "are a select and exciting set of scholars doing innovative work on important issues of international security--which now includes homeland security," said Lynn Eden, CISAC's associate director for research. "All of us at CISAC are very much looking forward to having our new crew on board."

The other CISAC science fellows are:

  • Manas Baveja and Yifan Liu, both doctoral candidates at the Institute for Computational and Mathematical Engineering at Stanford, who use mathematical models to study homeland security;
  • Chaim Braun of Altos Management Partners, who is working on a United Nations nuclear energy project;
  • Belkis Cabrera-Palmer, a physics doctoral candidate from Syracuse University, who is studying nuclear energy issues in Latin America; and
  • Sonja Schmid, a lecturer in Stanford's Science, Technology and Society Program, who is working on a book aimed at understanding the decisions that produced and sustained the civilian nuclear energy program in the Soviet Union from the 1950s through the 1980s.

Charles Perrow, professor emeritus of sociology from Yale University, is among seven pre- and postdoctoral fellows in social science disciplines who are also visiting CISAC. Perrow is working on a project to reduce homeland security vulnerabilities. CISAC's other postdoctoral social science fellows are:

  • Tarak Barkawi, a lecturer at the Centre for International Studies at the University of Cambridge in England, who is examining why small wars have big consequences, and
  • Alex Montgomery, a doctoral candidate in political science at Stanford, whose project deals with U.S. post-Cold War nuclear counterproliferation strategies.

CISAC's predoctoral fellows in social science are:

  • Dara Cohen, a doctoral candidate in political science at Stanford, who will examine the efficacy of post-9/11 domestic security legislation;
  • Matthew Rojansky, a law student at Stanford, whose project explores the legitimacy of international institutions and legal instruments in the war on terror;
  • Jacob Shapiro, a doctoral candidate in political science at Stanford, whose project looks at the organizational consequences of terrorist motivation; and
  • Jessica Stanton, a doctoral candidate in political science at Columbia University, who is examining compliance with international laws of war during civil war.

CISAC also is hosting Robert Carlin of the Korean Peninsula Energy Development Organization, a visiting scholar whose project addresses U.S.-North Korea relations, and Laura Donohue, who is writing a book, Counterterrorism and the Death of Liberalism, while completing a law degree at Stanford Law School. Patrick Roberts, who comes to Stanford from the University of Virginia, where he earned a doctorate in politics, will examine bureaucratic autonomy and homeland security reorganization.

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