Mark Nevitt

University of Pennsylvania Law School

Sharswood Fellow

Philadelphia, PA 19104

United States

Georgetown University - Center on National Security and the Law

Non-Resident Fellow

600 New Jersey Avenue N.W.

Washington, DC 20001

United States

SCHOLARLY PAPERS

10

DOWNLOADS
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CITATIONS
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SSRN RANKINGS

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0

Ideas:
“  I am currently working on several law review articles: (1) a national security and administrative law paper titled "The Administrative and Operational Militaries" that addresses domestic legal governance of the Department of Defense and the existing parallel military structure under the Goldwater-Nichols Act. It addresses the numerous unintended consequences of this two military structure with implications for both national security governance, civilian control over the military, and compliance with environmental laws and regulations; (2) a co-authored administrative law/environmental paper with Prof. Percival entitled Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?; (3) a national security law paper entitled titled ""The Covert Commander in Chief" and (4) an administrative/national security law paper that addresses how administrative law applies to the Department of Defense, the nation's largest federal agency.  ”

Scholarly Papers (10)

1.

Unintended Consequences: The Posse Comitatus Act in the Modern Era

36 Cardozo L. Rev. 119 (2014)
Number of pages: 58 Posted: 09 Apr 2014 Last Revised: 31 Oct 2014
Mark Nevitt
University of Pennsylvania Law School
Downloads 98 (140,266)

Abstract:

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National Security, Military Law, Navy, Army, Legal History, Posse Comitatus, Constitutional Law, Constitutional History, Standing Army, War on Terror, Maritime Terrorism, National Security Agency (NSA)

2.

The Commander in Chief's Authority to Combat Climate Change

37 Cardozo Law Review 437 (2015)
Number of pages: 66 Posted: 23 Apr 2015 Last Revised: 16 May 2016
Mark Nevitt
University of Pennsylvania Law School
Downloads 39 (220,402)

Abstract:

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Climate change, COP21, climate change accord, national security, constitutional law, separation of powers, environmental law, United Nations, Youngstown, fiscal law, commander in chief, executive power

3.

The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?

32 Berkeley J. Int'l Law 388 (2014).
Number of pages: 57 Posted: 19 Feb 2014 Last Revised: 24 Dec 2014
Mark Nevitt
University of Pennsylvania Law School
Downloads 37 (348,822)

Abstract:

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Environmental Law, Extraterritorial, Natural Resource, Cultural Law, Foreign Relations Law, International Law, National Historic Preservation Act, Alien Tort Statute, World Heritage Convention

4.

Defending the Environment: A Mission for the World's Militaries

University of Hawaii Law Review, Vol. 36, No. 27, 2014
Number of pages: 68 Posted: 27 Nov 2013 Last Revised: 24 Mar 2014
Mark Nevitt
University of Pennsylvania Law School
Downloads 37 (291,350)

Abstract:

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Environmental Law, Military Law, Administrative Law, International Law, Comparative Law, International Environmental Law, National Security Law

5.

Military Justice: a Very Short Introduction (Book Review)

Journal of National Security Law & Policy, Vol. 10, 2018 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-14
Number of pages: 8 Posted: 23 May 2018
Mark Nevitt
University of Pennsylvania Law School
Downloads 0 (537,229)

Abstract:

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Military law and justice system, national security law, court martial, military criminal law, Military Justice A Very Short Introduction, Eugene Fidell, book review

6.

Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything

Temple International & Comparative Law Journal, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-11
Number of pages: 13 Posted: 13 Apr 2018
Mark Nevitt
University of Pennsylvania Law School
Downloads 0 (499,579)

Abstract:

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Military law & governance, national security, warmaking, special forces, covert action, traditional military activities, Central Intelligence Agency, CIA, National Security Council, NSC, Rosa Brooks, How Everything Became War and the Military Became Everything

7.

The Operational and Administrative Militaries

Georgia Law Review, 2019 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-8
Number of pages: 65 Posted: 28 Mar 2018 Last Revised: 05 Apr 2018
Mark Nevitt
University of Pennsylvania Law School
Downloads 0 (266,480)

Abstract:

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Military law, administrative law, national security law, constitutional law and history, Goldwater-Nichols Act, Department of Defense, operational functions, battle, war, administrative agency practice, train, equip, Congressional interest, integrated national security governance

8.

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?

Washington University Law Review, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-7
Number of pages: 46 Posted: 15 Mar 2018
Mark Nevitt and Robert V. Percival
University of Pennsylvania Law School and University of Maryland - Francis King Carey School of Law
Downloads 0 (331,293)

Abstract:

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Environmental law & policy, regulation, climate change, anthropogenic global warming, AGW, greenhouse gas emissions, GHG, torts, public nuisance, interstate nuisance, Clean Air Act, CAA, AEP v. Connecticut

9.

Polar Opposites: Assessing the State of Environmental Law in the World's Polar Regions

Boston College Law Review, Vol. 59, 2018, Forthcoming, U of Penn Law School, Public Law Research Paper No. 17-35
Number of pages: 47 Posted: 08 Sep 2017 Last Revised: 14 May 2018
Mark Nevitt and Robert V. Percival
University of Pennsylvania Law School and University of Maryland - Francis King Carey School of Law
Downloads 0 (253,691)

Abstract:

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Environmental Law, International Law, Natural Resources, UN Convention on the Law of the Sea, Arctic Council, Antarctic Treaty System, Convention on the Regulation of Antarctic Mineral Resource Activities, Madrid Protocol, Arctic Indigenous Peoples, Commission on the Limits of the Continental Shelf

10.

Environmental Law in Military Operations

Environmental Law in Military Operations, Oxford Press, 2015
Number of pages: 36 Posted: 29 Sep 2015 Last Revised: 16 May 2016
Mark Nevitt
University of Pennsylvania Law School
Downloads 0 (258,970)

Abstract:

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Environmental Law, Military Operations, Sovereign Immunity, Clean Air Act, Clean Water Act, NEPA