Dunlap will co-teach national security law and military justice as well as seminars on related topics. He also will join Professor Scott Silliman in leading Duke’s Center on Law, Ethics and National Security (LENS).
Dunlap served as Deputy Judge Advocate General from May 2006 through March 2010. In that capacity, he assisted the Judge Advocate General in the professional oversight of more than 2,200 judge advocates, 350 civilian lawyers, 1,400 enlisted paralegals, and 500 civilians around the world. In addition to overseeing an array of military justice, operational, international, and civil law functions, he provided legal advice to the Air Staff and commanders at all levels. In addition, he has been involved in various interagency matters, and testified before the U.S. House of Representatives concerning the Military Commissions Act of 2006.
Dunlap’s post at the Pentagon capped a 34-year career in the Judge Advocate Corps that has included service as Staff Judge Advocate at Headquarters Air Combat Command at Langley Air Force Base in Virginia and at Headquarters Air Education and Training Command at Randolph Air Force Base in Texas, among other leadership posts. He has served in the United Kingdom and Korea and deployed for operations in the Middle East and Africa, including those in support of the wars in Afghanistan and Iraq. Dunlap will officially retire from the Air Force on June 1.
A prolific author and frequent public speaker, Dunlap’s commentary on a wide variety of national security topics have been published in The New York Times, The Washington Post, The Washington Times, The Philadelphia Inquirer, and The Atlanta-Journal Constitution. In addition, he has published pieces in Parameters, Strategic Review, U.S. Naval Institute Proceedings, Small Wars Journal, The Fletcher Forum of World Affairs, and the Armed Forces Journal, among many other publications. His 2001 essay written for Harvard University’s Carr Center on “lawfare,” a concept he defines as “the use or misuse of law as a substitute for traditional military means to accomplish an operational objective,” has been highly influential among military scholars and in the broader legal academy.
Dunlap is the author of “The Air Force and 21st Century Conflicts: Dysfunctional or Dynamic?” in the newly-released Lessons for a Long War: How America Can Win on New Battlefields (Thomas Donnelly and Frederick Kagan, eds., AEI Press, 2010).
Dunlap’s legal scholarship has been published in the Stanford Law Review, the Yale Journal of International Affairs, the Wake Forest Law Review, the University of Nebraska Law Review, and the Tennessee Law Review, among others. His essay, “A Tale of Two Judges: A Judge Advocate’s Reflections on Judge Gonzales’ Apologia,” is forthcoming in the Texas Tech Law Review.
“Duke Law School has been a leader in national security law studies for a long time,” said Dean David F. Levi. “Our Center on Law, Ethics and National Security, directed by Professor Silliman, focuses attention on the many legal issues that arise in this field. General Dunlap will be an excellent addition to our faculty both because of his recent experience in government and because of his thoughtful scholarship. He is a perfect fit for Duke Law School and we will be delighted to have him here next year.”
“During his 34 years in the Air Force, General Dunlap served in positions where he was giving advice to war-fighting commanders on the use of force and other national security issues. He therefore brings a special expertise to the classroom, and a unique perspective of one who dealt extensively with the cases, statutes and treaties discussed in the courses he will be teaching” said Silliman, LENS’ executive director. “He can say to our students, ‘We’ve studied what this statute or treaty means, but now let’s look at how it was applied in an actual situation on the battlefield.’ There’s a difference.
“In addition to his stature as a legal scholar, he also brings a wealth of knowledge in national policy making,” said Silliman. “He has been at the table when many of the crucial recent national security decisions in the Pentagon have been made.”
Dunlap, who has guest-lectured in Silliman’s classes for a number of years, said he always planned to teach following his retirement from the military. With national security representing a $650 billion per year business in the Department of Defense alone, he noted, national security law and policy is foundational to a well-rounded legal education.
“National security law should not just be confined to the student who is interested in the military or government,” he said. “I would submit that every kind of business is, in some way, affected by national security. A lawyer needs a familiarity with the architecture of national security to be in a position, in the 21st century, to effectively advise clients, particularly those with a globalized businesses.”
He added that he is pleased to be starting this phase of his career at Duke. “Duke has a fabulous reputation. It is known not only as a superb academic institution, but also one that produces people who actually work and who actually make a difference.”