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National Security Law

Journal

2015

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Articles 1 - 30 of 150

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Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport Dec 2015

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii Dec 2015

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.


The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian Dec 2015

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.


The Tohono O'Odham Nation And The United States-Mexico Border, Peter Heidepriem Dec 2015

The Tohono O'Odham Nation And The United States-Mexico Border, Peter Heidepriem

American Indian Law Journal

No abstract provided.


Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci Dec 2015

Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci

Buffalo Law Review

No abstract provided.


Will Army 2025 Be A Military Profession?, Don M. Snider Dec 2015

Will Army 2025 Be A Military Profession?, Don M. Snider

The US Army War College Quarterly: Parameters

No abstract provided.


Rethinking America's Grand Strategy: Insights From The Cold War, Hal Brands Dec 2015

Rethinking America's Grand Strategy: Insights From The Cold War, Hal Brands

The US Army War College Quarterly: Parameters

No abstract provided.


An Interview With David H.Petraeus, General (Usa Retired), Usawc Press Dec 2015

An Interview With David H.Petraeus, General (Usa Retired), Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Winter 2015 Index, Usawc Press Dec 2015

Winter 2015 Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor, Antulio J. Echevarria Dec 2015

From The Editor, Antulio J. Echevarria

The US Army War College Quarterly: Parameters

No abstract provided.


Landpower And American Credibility, Michael Allen Hunzeker, Alexander Lanoszka Dec 2015

Landpower And American Credibility, Michael Allen Hunzeker, Alexander Lanoszka

The US Army War College Quarterly: Parameters

No abstract provided.


To Win Wars, Correct The Army's Political Blind Spot, Joseph Roger Clark Dec 2015

To Win Wars, Correct The Army's Political Blind Spot, Joseph Roger Clark

The US Army War College Quarterly: Parameters

No abstract provided.


America's All Volunteer Force: A Success?, Louis G. Yuengert Dec 2015

America's All Volunteer Force: A Success?, Louis G. Yuengert

The US Army War College Quarterly: Parameters

No abstract provided.


The 'War' In Russia's 'Hybrid Warfare', Andrew Monaghan Dec 2015

The 'War' In Russia's 'Hybrid Warfare', Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.


The Utility Of Nuclear Weapons Today: Two Views, José De Arimatéia Da Cruz Dec 2015

The Utility Of Nuclear Weapons Today: Two Views, José De Arimatéia Da Cruz

The US Army War College Quarterly: Parameters

No abstract provided.


Commentary And Reply, Usawc Parameters Dec 2015

Commentary And Reply, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2015

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney Nov 2015

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications for the …


Transcendence In The Animal: Guantanamo's Regime Of Indefinite Detention And The Open In The Cage, Joseph Pugliese Nov 2015

Transcendence In The Animal: Guantanamo's Regime Of Indefinite Detention And The Open In The Cage, Joseph Pugliese

Villanova Law Review

No abstract provided.


Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai Oct 2015

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …


#Tweeting For Terrorism: First Amendment Implications In Using Proterrorist Tweets To Convict Under The Material Support Statute, Abigail M. Pierce Oct 2015

#Tweeting For Terrorism: First Amendment Implications In Using Proterrorist Tweets To Convict Under The Material Support Statute, Abigail M. Pierce

William & Mary Bill of Rights Journal

No abstract provided.


Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley Oct 2015

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …


Interpreting Force Authorization, Scott M. Sullivan Oct 2015

Interpreting Force Authorization, Scott M. Sullivan

Florida State University Law Review

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …


The Limits Of The Freedom Act's Amicus Curiae, Chad Squitieri Oct 2015

The Limits Of The Freedom Act's Amicus Curiae, Chad Squitieri

Washington Journal of Law, Technology & Arts

The federal government’s power to engage in surveillance for national security purposes is extensive. In an effort to reform the current national surveillance regime, scholars have called for, among other things, the creation of a “special advocate” to counter the government’s arguments before the Foreign Intelligence Surveillance Court. Feeling political pressure to improve an ever-unpopular national surveillance regime, lawmakers passed the USA FREEDOM Act (“Freedom Act”). Section 401 of the Freedom Act provides for the creation of an “amicus curiae,” a position that differs from earlier conceptions of a “special advocate” in important respects. This Essay examines those differences, and …


Placing "Rights And Liberties In Pawn Until The Defeat Of Hitlerism”: Canadian Intelligence Gathering In The Second World War, Austin M H Williams Sep 2015

Placing "Rights And Liberties In Pawn Until The Defeat Of Hitlerism”: Canadian Intelligence Gathering In The Second World War, Austin M H Williams

The Great Lakes Journal of Undergraduate History

Abstract:

A monograph regarding the history of Canada’s intelligence gathering apparatus has not been published, leaving a gap in modern historiography. In an attempt to partially fill this academic void, this essay examines RCMP intelligence Bulletins drafted during World War Two that have been declassified under the Access to Information Act. Analysis of the Bulletins clearly indicates the Canadian intelligence gathering apparatus underwent a massive expansion of scope during the war. The RCMP began investigating people and organizations based upon their race, religion, political affiliation or nationalist beliefs. Disregard of human rights and privacy during the period was so …


Dealing With Uncertainty In Strategic Decision-Making, Yakov Ben-Haim Sep 2015

Dealing With Uncertainty In Strategic Decision-Making, Yakov Ben-Haim

The US Army War College Quarterly: Parameters

No abstract provided.


Understanding Groupthink: The Case Of Operation Market Garden, David Patrick Houghton Sep 2015

Understanding Groupthink: The Case Of Operation Market Garden, David Patrick Houghton

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Parameters Sep 2015

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.


Order And Counter-Order: The European System And Russia, Ted Middleton Sep 2015

Order And Counter-Order: The European System And Russia, Ted Middleton

The US Army War College Quarterly: Parameters

No abstract provided.