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Full-Text Articles in Law
Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling
Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling
BYU Law Review
No abstract provided.
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
BYU Law Review
Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …
Cyber!, Andrea M. Matwyshyn
Cyber!, Andrea M. Matwyshyn
BYU Law Review
This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz
BYU Law Review
Being political scapegoats in the indefinite “war on terror” is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures—extreme vetting, categorical bans, and mass deportations—to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim ban” issued by …
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
Quasi-Constitutional Protections And Government Surveillance, Emily Berman
BYU Law Review
The post-Edward Snowden debate over government surveillance has been vigorous. One aspect of that debate has been widespread criticism of the Foreign Intelligence Surveillance Court (FISC), alleging that the FISC served as a rubber stamp for the government, consistently accepting implausible interpretations of existing law that served to expand government surveillance authority; engaging in tortured analyses of statutory language; and ignoring fundamental Fourth Amendment principles. This Article argues that these critiques have entirely overlooked critical aspects of the FISC’s jurisprudence. A close look at that jurisprudence reveals a court that did, in fact, vigorously defend the interests customarily protected by …
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, H. Brendan Burke
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, H. Brendan Burke
Brigham Young University International Law & Management Review
No abstract provided.
Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch
Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch
BYU Law Review
No abstract provided.
Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon
Mohamed V. Jeppesen Dataplan, Inc.: The Ninth Circuit Sends The Totten Bar Flying Away On The Jeppesen Airplane, Michael Q. Cannon
BYU Law Review
No abstract provided.
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
BYU Law Review
No abstract provided.
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Brigham Young University Journal of Public Law
No abstract provided.
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
BYU Law Review
No abstract provided.
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
BYU Law Review
No abstract provided.
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
BYU Law Review
No abstract provided.
Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen
Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen
BYU Law Review
No abstract provided.
Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond
Boumediene V. Bush: Habeas Corpus, Exhaustion, And The Special Circumstances Exception, Brandon C. Pond
BYU Law Review
No abstract provided.
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
Brigham Young University International Law & Management Review
No abstract provided.
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Brigham Young University International Law & Management Review
No abstract provided.
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
Brigham Young University Journal of Public Law
No abstract provided.
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Brigham Young University Education and Law Journal
No abstract provided.
The Case For Closing The School Of The Americas, Bill Quigley
The Case For Closing The School Of The Americas, Bill Quigley
Brigham Young University Journal of Public Law
No abstract provided.
Habeas Corpus In The War Against Terrorism: Hamdi V. Rumsfeld And Citizen Enemy Combatabts , Jared Perkin
Habeas Corpus In The War Against Terrorism: Hamdi V. Rumsfeld And Citizen Enemy Combatabts , Jared Perkin
Brigham Young University Journal of Public Law
No abstract provided.
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
BYU Law Review
No abstract provided.
Designation Of Foreign Terrorist Organizations Under The Aedpa: The National Council Court Erred In Requiring Pre-Designation Process, Joshua A. Ellis
Designation Of Foreign Terrorist Organizations Under The Aedpa: The National Council Court Erred In Requiring Pre-Designation Process, Joshua A. Ellis
BYU Law Review
No abstract provided.
The Cia And Covert Operations: To Disclose Or Not To Disclose - That Is The Question, Marcus Eyth
The Cia And Covert Operations: To Disclose Or Not To Disclose - That Is The Question, Marcus Eyth
Brigham Young University Journal of Public Law
No abstract provided.
Rational Profiling In America's Airports, R. Spencer Macdonald
Rational Profiling In America's Airports, R. Spencer Macdonald
Brigham Young University Journal of Public Law
No abstract provided.
Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith
Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith
BYU Law Review
No abstract provided.
The Critical Technologies Approach: Controlling Scientific Communication For The National Security, Valerie M. Fogleman, James Etienne Viator
The Critical Technologies Approach: Controlling Scientific Communication For The National Security, Valerie M. Fogleman, James Etienne Viator
Brigham Young University Journal of Public Law
No abstract provided.