National Security Law Commons^™

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

University of Michigan Journal of Law Reform

The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora

NULR Online

No abstract provided.

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …

Icworld: An Mmog-Based Approach To Analysis, Kimberly Gill, David Rolston, Wyatt Wong, Robert Pietrusko

Journal of Strategic Security

Intelligence analysts routinely work with "wicked" problems—critical,time-sensitive problems where analytical errors can lead to catastrophic consequences for the nation's security. In the analyst's world, important decisions are often made quickly, and are made based on consuming, understanding, and piecing together enormous volumes of data. The data is not only voluminous, but often fragmented, subjective, inaccurate and fluid.Why does multi-player on-line gaming (MMOG) technology matter to the IC? Fundamentally, there are two reasons. The first is technological: stripping away the gamelike content, MMOGs are dynamic systems that represent a physical world, where users are presented with (virtual) life-and-death challenges that can …

Strategic Security As A New Academic Discipline, Sheldon Greaves, Ph.D

Journal of Strategic Security

The creation of Henley-Putnam University was an effort to create an academic institution for the purpose of offering degree programs in intelligence management, counterterrorism, and personal protection; subjects that arguably did not exist as academic disciplines when the school was conceived. The experience of two of the co-founders of the school, Nirmalya Bhowmick and Dr. Michael Corcoran, indicated that the training of officers tasked with vital security and intelligence work was carried out by partnering young officers with a training officer to help the new officer learn on the job. The effectiveness of this training depended to a great extent …

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …

Research Note: Using The Iterate And Dots Databases, Peter A. Flemming, Edward Mickolus, Todd Sandler

Journal of Strategic Security

For more than three decades, Vinyard Software's two ITERATE (International Terrorism: Attributes of Terrorist Events) datasets have set the standard in events research for terrorism researchers. It has recently been supplemented by the DOTS (Data on Terrorist Subjects) biographies project, which covers all terrorists, supporters, and other individuals mentioned in the ITERATE project.

Books Received

Journal of Strategic Security

No abstract provided.

Dividing Up Intelligence Education, Robert Clark, Ph.D

Journal of Strategic Security

At this year's annual conference of the International Association for Intelligence Education (IAFIE) in Monterey, CA, the keynote speaker posed the question, "How much do you need intelligence education outside the beltway?" Which led to a second question discussed during the conference: "What should such education look like?" In short, what should we be teaching in universities? What should we leave to the intelligence community as training? And what could be done in either or both settings? The first question of any educational effort is:What are we preparing students for?

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

• The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
• The institutions of the UN are corrupt and do nothing but restrict American power;
• Al Qaeda and international terrorism more generally are extremely significant threats to American national security

Short Takes: Intelligence-Service Psychology: A German Perspective, Sven Max Litzcke, Helmut Müller-Enbergs

Journal of Strategic Security

To date, four German volumes in the series "Intelligence-Service Psychology" (Nachrichtendienstpsychologie) have been published. These volumes generated interest in both the German and non-German speaking communities. It was therefore decided to translate some of the basic articles of the series into English (Litzcke, Müller-Enbergs & Ungerer, 2008), making them accessible to a wider range of readers. This article contains abbreviated versions of the articles in the book.

Book Reviews, Bart Bechtel, Jeffrey Ahn

Journal of Strategic Security

Fair Play: The Moral Dilemmas of Spying. By James M. Olson.

The Corporate Spy: Industrial Espionage and Counterintelligence inthe Multinational Enterprise with Case Studies (Abridged Version) by Edward M. Roche.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Shu'ubiyya Or Security? Preserving Civil Liberties By Limiting Fisa Evidence To National Security Prosecutions, William Pollak

University of Michigan Journal of Law Reform

Part I of this Note addresses the restrictions on intelligence gathering under FISA prior to 9/11 and the motivations underlying the Patriot Act's revisions to FISA. Part II discusses the problems with the "primary purpose" test, which was in effect prior to the Patriot Act's revisions to FISA. Part III reviews the various policy and constitutional arguments made against the Patriot Act's "significant purpose" test. Part IV proposes that Congress enact a new "inextricably intertwined" test to govern the admission of FISA material in criminal prosecutions. Specifically, this Part looks at sixty criminal cases in which FISA material was admitted …

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …

Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel

Dalhousie Law Journal

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …

National Security, Policing, And The Fourth Amendment: A New Perspective On Hiibel, Evan N. Turgeon

Buffalo Public Interest Law Journal

No abstract provided.

The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane

University of Michigan Journal of Law Reform

The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …

The Bounds Of Necessity, Jens David Ohlin

Cornell Law Faculty Publications

The current controversy surrounding the legality of torture can only be understood through an analysis of the distinction between justified necessity and excused necessity. Although there may be strong prudential reasons for international criminal courts to declare torture unlawful under any circumstance, this would not necessarily prevent a court from recognizing that an excuse may apply. However, the hallmark of the necessity excuse should not be understood, as it is in German law, as an exception that only applies when a defendant breaks the law to save someone close to him. Rather, the basic principle of the excuse ought to …

Submarines, Sonar, And The Death Of Whales: Enforcing The Delicate Balance Of Environmental Compliance And National Security In Military Training, Joel R. Reynolds

William & Mary Environmental Law and Policy Review

No abstract provided.

Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo

Michigan Law Review

Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …

Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt

Michigan Law Review

What is most remarkable about Richard Posner's latest book-and he has written many-is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton's impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the …

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.

Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.

University of Richmond Law Review

Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.

Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman

University of Richmond Law Review

No abstract provided.

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.