National Security Law Commons^™

Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane

Journal of Food Law & Policy

The U.S. agricultural system can be described as concentrated, specialized and industrialized. A typical food chain generally involves agricultural production, storage, processing and distribution. In the U.S. agricultural and food system, most production, distribution and processing is done in a consolidated and centralized manner.

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept—all have taken the …

The Security And Human Rights Dilemma: An Inquiry Into U.S.-Ethiopia Diplomatic Relations 1991-2012, Seife Ayalew

Northwestern Journal of Human Rights

In the post-1991 U.S.-Ethiopian diplomacy, the use of foreign policy as a framework to advance the cause of human rights has faced several challenges rooted in the way human rights is defined and the intricate interests vested in the U.S. foreign policy establishment. This article elucidates the limitations and challenges of diplomatic machinery as a framework for advancing the cause of human rights. First, human rights in the U.S. foreign policy machine have been given a marginal or subordinate place in diplomatic priorities. Second, the Government of Ethiopia’s (GOE) resistance and tough diplomatic measures and Ethiopia’s strategic importance to the …

Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier

Maine Law Review

A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …

Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier

Maine Law Review

The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …

Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso

University of Massachusetts Law Review

As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016, which was …

Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist

University of Richmond Law Review

No abstract provided.

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs

No abstract provided.

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs

No abstract provided.

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …

"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox

University of Richmond Law Review

No abstract provided.

Keynote Address: The Digital Forevermore, Thomas J. Ridge

University of Richmond Law Review

No abstract provided.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks

University of Richmond Law Review

No abstract provided.

Nuclear Security Culture And Batan’S Assessment: Batan’S Experience, Anhar R. Antariksawan

International Journal of Nuclear Security

Organizations should increase safety to minimize the harmful effects of nuclear materials. Additionally, organizations should take measures to protect security culture within the organization itself. This paper covers the National Nuclear Energy Agency of Indonesia’s (BATAN’s) promotion of nuclear security culture and self- assessment projects, which is based on the International Atomic Energy Agency’s (IAEA) methodology.

The Utility Of Table-Top Exercises In Teaching Nuclear Security, Christopher Hobbs, Luca Lentini, Matthew Moran

International Journal of Nuclear Security

In the emerging field of nuclear security, those responsible for education and training are constantly seeking to identify and engage with tools and approaches that provide for a constructive learning environment. In this context, this paper explores the nature and value of Tabletop exercises (TTX) and how they can be applied in the nuclear security context. On the one hand, the paper dissects the key components of the TTX and considers the broader pedagogical benefits of this teaching method. On the other hand, the paper draws lessons from the authors’ experience of running TTXs as part of nuclear security professional …

Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson

Loyola of Los Angeles Law Review

Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …

"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin

University of Massachusetts Law Review

September 11, 2001 was surely evil incarnate. But out of the shadows and embers of such devilish devastation, going forward, for society to “endure”‖, let alone “prevail”, a “lasting good” must emerge; an enduring immutable and sustainable commitment to peace and non-violence. And, of course, any “lasting good”‖, however utopian or pragmatic would surely require destruction and eradication of terrorism in all of its diverse incarnations; the eradication and destruction of the machinery of terrorism wherever it is found. Long range, it must be the goal, aspiration and belief that out of the seeds and memory of 9/11 there might …

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).

The Fight To Frame Privacy, Woodrow Hartzog

Michigan Law Review

In his important new book, Nothing to Hide: The False Tradeoff Between Privacy and Security, Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. Solove understands that privacy is far too vital to our freedom and democracy to accept its inevitable demise. The central thesis of this Review is that Solove's polemic is a strong and desperately needed collection of frames that counterbalances the "nothing …

The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer

Michigan Telecommunications & Technology Law Review

In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell

NYLS Law Review

No abstract provided.

Detention Debates, Deborah N. Pearlstein

Michigan Law Review

Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …

Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen

University of Richmond Law Review

This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.

Boumediene And Lawfare, Tung Yin

University of Richmond Law Review

No abstract provided.