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Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza Jan 2023

Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza

American University National Security Law Brief

When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …


Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva Jan 2023

Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva

American University National Security Law Brief

As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …


The Conservative Court And Torture Attenuation, Ari B. Rubin Jan 2021

The Conservative Court And Torture Attenuation, Ari B. Rubin

American University National Security Law Brief

No abstract provided.


Leveraging Domestic Law Against Cyberattacks, Justin Malzac Jan 2021

Leveraging Domestic Law Against Cyberattacks, Justin Malzac

American University National Security Law Brief

No abstract provided.


An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii Jan 2021

An Analysis Of Domestic And Foreign Legal Mechanisms To Counter The Rise Of White Nationalism, John C. Jankosky Ii

American University National Security Law Brief

No abstract provided.


Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton Jan 2021

Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton

American University National Security Law Brief

No abstract provided.


Congress-In-Chief: Congressional Options To Compel Presidential War-Making, Clark H. Campbell Jan 2019

Congress-In-Chief: Congressional Options To Compel Presidential War-Making, Clark H. Campbell

American University National Security Law Brief

No abstract provided.


Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua Jan 2019

Insidious Encroachment? Strengthening The "Crown Jewels": The 2018 Reauthorization Of Fisa Section 702, John F. Schifalacqua

American University National Security Law Brief

No abstract provided.


Treason In The Age Of Terrorism: Do Americans Who Join Isis 'Levy War' Against The United States?, Stephen Jackson Jan 2019

Treason In The Age Of Terrorism: Do Americans Who Join Isis 'Levy War' Against The United States?, Stephen Jackson

American University National Security Law Brief

No abstract provided.


Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund Jan 2019

Legalizing Intelligence Sharing: A Consensus Approach, Brian Mund

American University National Security Law Brief

No abstract provided.


The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan Jan 2018

The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan

American University National Security Law Brief

No abstract provided.


Strengthen Section 702: A Critical Intelligence Tool Vital To The Protection Of Our Country, Deborah Samuel Sills Jan 2017

Strengthen Section 702: A Critical Intelligence Tool Vital To The Protection Of Our Country, Deborah Samuel Sills

American University National Security Law Brief

No abstract provided.


The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé Jan 2017

The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé

American University National Security Law Brief

No abstract provided.


Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou Jan 2017

Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou

American University National Security Law Brief

No abstract provided.


Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley Jan 2016

Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley

American University National Security Law Brief

No abstract provided.


Ex Parte Quirin: The Nazi Saboteur Case And The Tribunal Precedent, Andrew Buttaro Jan 2016

Ex Parte Quirin: The Nazi Saboteur Case And The Tribunal Precedent, Andrew Buttaro

American University National Security Law Brief

No abstract provided.


Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman Jan 2016

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.


"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen Jan 2016

"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen

American University National Security Law Brief

No abstract provided.


The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan Jan 2016

The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan

American University National Security Law Brief

No abstract provided.


Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu Jan 2015

Combating Terrorism With The Alien Terrorist Removal Court, Jonathan H. Yu

American University National Security Law Brief

No abstract provided.


Lines In The Sand: Drawing Meaningful Contours For The Responsibility To Protect Doctrine (In A World At War), Malissa M. Tucker Jan 2015

Lines In The Sand: Drawing Meaningful Contours For The Responsibility To Protect Doctrine (In A World At War), Malissa M. Tucker

American University National Security Law Brief

No abstract provided.


Targeting American Isil Terrorists, Vincent Ferraro Jan 2015

Targeting American Isil Terrorists, Vincent Ferraro

American University National Security Law Brief

No abstract provided.


Fall Symposium On The 2001 And 2002 Authorization For The Use Of Military Force Resolutions And Their Relevance To The Current Military Operations Against The Islamic State In Iraq And Syria, Harvey Rishikof Jan 2015

Fall Symposium On The 2001 And 2002 Authorization For The Use Of Military Force Resolutions And Their Relevance To The Current Military Operations Against The Islamic State In Iraq And Syria, Harvey Rishikof

American University National Security Law Brief

No abstract provided.


The President As Lawmaker: Moderating Executive Authority In Wartime, Daniel Silverberg Jan 2014

The President As Lawmaker: Moderating Executive Authority In Wartime, Daniel Silverberg

American University National Security Law Brief

No abstract provided.


The Espionage Act & An Evolving News Media: Why Newspapers That Publish Classified Information May Face Criminal Charges As They Enter The Digtial Age, Michael D. Becker Jan 2014

The Espionage Act & An Evolving News Media: Why Newspapers That Publish Classified Information May Face Criminal Charges As They Enter The Digtial Age, Michael D. Becker

American University National Security Law Brief

No abstract provided.


Dr. Fisa Or: How I Learned To Stop Worrying And Trust The Nsa, Emmanuel Klint-Gassner Jan 2014

Dr. Fisa Or: How I Learned To Stop Worrying And Trust The Nsa, Emmanuel Klint-Gassner

American University National Security Law Brief

No abstract provided.


Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty Jan 2014

Cyber Warfare And The Jus Ad Bellum Challenges: Evaluation In The Light Of The Tallinn Manual On The International Law Applicable To Cyber Warfare, Ido Kilovaty

American University National Security Law Brief

No abstract provided.


"In The Field" A Legal Analysis Of Military Jurisdiction Over Civilian Contractors Accompanying The Armed Forces During A Contingency Operation For Offenses Committed Outside Of An Area Of Actual Fighting, Jesse A. Ouellette Jan 2014

"In The Field" A Legal Analysis Of Military Jurisdiction Over Civilian Contractors Accompanying The Armed Forces During A Contingency Operation For Offenses Committed Outside Of An Area Of Actual Fighting, Jesse A. Ouellette

American University National Security Law Brief

No abstract provided.


Federalism And The Treaty Power: Breaking The “Bond(S)” Between Nations: The Treaty Power And Status Of Forces Agreements, Dru Brenner-Beck Jan 2014

Federalism And The Treaty Power: Breaking The “Bond(S)” Between Nations: The Treaty Power And Status Of Forces Agreements, Dru Brenner-Beck

American University National Security Law Brief

No abstract provided.


Future Of The Aumf: Lessons From Israel's Supreme Court, Emily Singer Hurvitz Jan 2014

Future Of The Aumf: Lessons From Israel's Supreme Court, Emily Singer Hurvitz

American University National Security Law Brief

No abstract provided.