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Articles 1 - 30 of 210
Full-Text Articles in Law
Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies
Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies
Law Faculty Scholarship
This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
International Law Studies
No abstract provided.
Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies
Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Paul M. Schwartz
No abstract provided.
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero
Testimony Before Congress
My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies, Usawc Press
Commentaries And Replies, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Economic Statecraft: China In Africa, Douglas W. Winton
Economic Statecraft: China In Africa, Douglas W. Winton
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
A War Examined: Operation Iraqi Freedom, 2003, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The True Tragedy Of American Power, Isaiah Wilson Iii
The True Tragedy Of American Power, Isaiah Wilson Iii
The US Army War College Quarterly: Parameters
No abstract provided.
The Coming Financial Wars, Juan C. Zarate
The Coming Financial Wars, Juan C. Zarate
The US Army War College Quarterly: Parameters
No abstract provided.
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark
The US Army War College Quarterly: Parameters
No abstract provided.
Artile Index, Vol. 43, 2013, Usawc Press
Artile Index, Vol. 43, 2013, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
What The Qdr Ought To Say About Landpower, Francis G. Hoffman
The US Army War College Quarterly: Parameters
No abstract provided.
Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode
Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode
The US Army War College Quarterly: Parameters
No abstract provided.
Defeating Violent Nonstate Actors, Robert J. Bunker
Defeating Violent Nonstate Actors, Robert J. Bunker
The US Army War College Quarterly: Parameters
No abstract provided.
Waging Financial War, David J. Katz
Waging Financial War, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Rebalancing Us Military Power, Anna Simons
Rebalancing Us Military Power, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous
The US Army War College Quarterly: Parameters
No abstract provided.
The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain
Michigan Law Review
As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …
Policing “Radicalization”, Amna Akbar
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Judith L Ritter
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman
Eileen Kaufman
The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …