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Articles 1 - 30 of 69
Full-Text Articles in Law
Regulating The Use Of Military Human Enhancements That Can Cause Side Effects Under The Law Of Armed Conflict: Towards A Method-Based Approach, Yang Liu
American University National Security Law Brief
The development of human enhancement (HE) technology has rendered its military potential increasingly noticed by major military powers. It can be expected that “enhanced warfighters” or “super soldiers” will be used on the battleground in the foreseeable future, which can give rise to many legal issues.
The Tallinn Manual 2.0 On Nation-State Cyber Operations Affecting Critical Infrastructure, Terence Check
The Tallinn Manual 2.0 On Nation-State Cyber Operations Affecting Critical Infrastructure, Terence Check
American University National Security Law Brief
Protecting critical infrastructure from cyber threats is difficult and complex. News headlines abound with reports that show how critical infrastructure—ranging from voting machines to steel mills—have become increasingly vulnerable to cyber operations from state and sophisticated nonstate actors. As critical infrastructure becomes increasingly entangled with the Internet and as new tactics, techniques, and procedures rapidly proliferate and evolve, governments and businesses alike must contend with a mutating threat environment that may put sensitive and highly important critical infrastructure assets in serious jeopardy. The vulnerabilities of critical infrastructure, which provide vital services and functions to societies, may pose a particularly tempting …
Letter Form The Editor, Wayne Rash, Iii
Letter Form The Editor, Wayne Rash, Iii
American University National Security Law Brief
In our last issue of The National Security Law Brief, Vol. 13, No. 1, we highlighted the dynamism that makes National Security Law such an exciting field. In this issue, No. 2, we continue with the dynamism theme. National security law is a field in constant change that often leaves us questioning how these changes will shape the law.
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
American University National Security Law Brief
Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …
Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski
Hanging In The Balance: An Assessment Of European Versus American Data Privacy Laws And Threats To U.S. National Security, Dara Paleski
American University National Security Law Brief
Social media has quickly become an integral part of modern-day life, keeping the world connected to friends, family and current events. Social media, and the data collected from it, also play a crucial role in intelligence gathering and the safeguarding of national security. It is estimated that about 80-95% of information that is collected for intelligence missions is found freely throughout the internet or other publicly available sources. This type of information has been dubbed SOCMINT (Social Media Intelligence) and it has become a crucial tool within the intelligence community. After the Edward Snowden leaks in 2013 revealed a global …
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
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
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 …
Letter From The Editor, Ryan Nelson
Letter From The Editor, Ryan Nelson
American University National Security Law Brief
No abstract provided.
The New Great Wall Against China, Paul Rose
The New Great Wall Against China, Paul Rose
American University National Security Law Brief
This essay documents some of the recent changes in foreign investment law as a manifestation of increasing concerns with Chinese investment specifically and globalization more generally. The essay first shows how foreign investment laws in major economies have become increasingly illiberal since the Financial Crisis. Next, the essay considers the justification and impact of recent United States rules designed to reduce Chinese investment. Comparing data on merger and acquisition activity in the United States with the number of filings made to the Committee on Foreign Investment in the United States (CFIUS), the essay documents that although merger and acquisition activity …
The American Security Drone Act: America's Paper Tiger Vs. China's Trojan Horse, Susan E. Upward
The American Security Drone Act: America's Paper Tiger Vs. China's Trojan Horse, Susan E. Upward
American University National Security Law Brief
The skies above America have been increasingly inundated with small unmanned aircraft systems (sUAS) operated by both government agencies and civilians alike. The majority of these drones are manufactured by Da-Jiang Innovations (DJI), a Chinese company that continues to emerge as a national security threat. The risk posed by these drones stems not only from physical access to American airspace, but also from the surreptitious transmittal of information back behind the “Great Firewall of China” via DJI mobile device applications. However, current pending legislation is inadequate to effectively counter this threat. Instead, the United States should take a more comprehensive …
President Of The United States, Destroyer Of Worlds: Considering Congress's Authority To Enact A Nuclear No-First-Use Law, John Ramming Chappell
President Of The United States, Destroyer Of Worlds: Considering Congress's Authority To Enact A Nuclear No-First-Use Law, John Ramming Chappell
American University National Security Law Brief
This article argues that Congress can exercise its constitutional war powers to enact a law restricting the President from using nuclear weapons first. The article contends that using a nuclear weapon is qualitatively different from conventional warfare and that the first use of nuclear weapons marks a decision to enter into war. Therefore, nuclear first use is not a battlefield decision within the President’s commander in chief power but rather a choice to enter the United States into a new type of conflict that could pose a direct, immediate, and existential threat to the U.S. homeland. Regulating that decision falls …
The Conservative Court And Torture Attenuation, Ari B. Rubin
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
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
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.
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
The Capitol Riot, Racism And The Future Of American Democracy, Ryan T. Williams
American University National Security Law Brief
No abstract provided.
The Case For Presumptions Of Evil: How The E.O. 13873 'Trump' Card Could Secure American Networks From Third-Party Code Threats, Caroline Elyse Burks
The Case For Presumptions Of Evil: How The E.O. 13873 'Trump' Card Could Secure American Networks From Third-Party Code Threats, Caroline Elyse Burks
American University National Security Law Brief
No abstract provided.
Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton
Rethinking Responsibility As Cooperation And Control: The Case Of Intelligence Agents, Raphael Bitton
American University National Security Law Brief
No abstract provided.
The Right Of Return: The Isis Bride, Casey Hare-Osifchin
The Right Of Return: The Isis Bride, Casey Hare-Osifchin
American University National Security Law Brief
No abstract provided.
Letter From The Editor
American University National Security Law Brief
No abstract provided.
The Artemis Accords: Employing Space Diplomacy To De-Escalate A National Security Threat And Promote Space Commercialization, Elya A. Taichman
The Artemis Accords: Employing Space Diplomacy To De-Escalate A National Security Threat And Promote Space Commercialization, Elya A. Taichman
American University National Security Law Brief
No abstract provided.
Private Military Contractors: The Armed Forces Absent From The War Powers Resolution, Mckinney Voss Wheeler
Private Military Contractors: The Armed Forces Absent From The War Powers Resolution, Mckinney Voss Wheeler
American University National Security Law Brief
Private military contractors (PMCs) are increasingly ubiquitous in international conflicts, providing security, transport services, and even fighting alongside commissioned troops in battle. Yet for the United States, the ambiguity surrounding PMCs’ role in war presents a serious threat to the constitutional balance of war powers. The Founding Fathers deliberately divided those powers between the executive and legislative branches, aware of the dangers of concentrating them too heavily; and Congress further clarified protocol with the War Powers Resolution in 1973. But the War Powers Resolution, which requires the President to notify Congress when engaging "U.S. Armed Forces" in battle, omits any …
Equal Prosecution For All: Violent Extremism At The Intersection Of Hate Crime And Terrorism, Gabrielle Leeman
Equal Prosecution For All: Violent Extremism At The Intersection Of Hate Crime And Terrorism, Gabrielle Leeman
American University National Security Law Brief
After a white supremacist used his vehicle as a weapon to purposefully attack anti-racism protestors in Charlottesville, Virginia in 2017, federal officials called the incident domestic terrorism. The incident, in fact, met the definition of domestic terrorism. But the perpetrator was not prosecuted under any of the available terrorism statutes. The defendant was instead charged with, and later pled guilty to, committing hate crimes. It is imperative that we recognize all forms of terrorism as terrorism and use the legal system fairly to prosecute all terrorist attacks as terrorism. But the current terrorism statutory framework hinders the ability to prosecute …
Congress-In-Chief: Congressional Options To Compel Presidential War-Making, Clark H. Campbell
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
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
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
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
The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan
American University National Security Law Brief
No abstract provided.
How Cybersecurity Regulation For The Smart Grid Could Upset The Current Balance Of Federal And State Jurisdiction In Electricity Regulation, Cynthia Anderson
How Cybersecurity Regulation For The Smart Grid Could Upset The Current Balance Of Federal And State Jurisdiction In Electricity Regulation, Cynthia Anderson
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
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
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.