National Security Law Commons^™

President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen

Faculty Scholarship

Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …

The Israeli Welfare State, Jon Foster

Jon Foster

An analysis of the modern welfare state that exists within Israel. Identifying where the Israeli model falls in relation to the European and American model; differences, similarities, and unique aspects of the Israeli system in comparative perspective.

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

Labor Unions And Climate Change, Jon Foster

Jon Foster

The challenge of climate change and the need for a shift to more ecologically sustainable methods of production and innovation can dramatically redefine the strategy and objectives of the labor movement as a whole. Furthermore, within the specific sectors of: Agriculture, Construction, Utilities, and Automobiles, the reality of a changing environment, and social views, has already begun redefining what the future of these industries will mean in relation to labor unions.

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

BYU Law Review

No abstract provided.

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Samantar And Executive Power, Peter B. Rutledge

Scholarly Works

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …

Extraordinary Rendition And U.S. Counterterrorism Policy, Mark J. Murray

Journal of Strategic Security

This article examines the United States Government policy of extraordinary rendition as a response to terrorism. The paper provides a working definition of the term, outlines why it has become controversial, and uses case studies to examine success and failures of extraordinary rendition in practice. The paper concludes with lessons learned—more specifically, policy amendments—that are necessary to keep extraordinary rendition as a viable tool for the Obama Administration and mitigate political fallout against the United States from both its allies and enemies. This paper argues that extraordinary rendition provides flexibility to policymakers to detain terrorists in cases where an attack …

Buy Off And Buy In: Flipping The Farc, Joel K. Day Ii

Journal of Strategic Security

The election of President Juan Manuel Santos in Columbia marks a new era in Columbian security policy. administration has failed to implementInstead of focusing on a solely military solution to conflict with Revolutionary Armed Forces of Colombia (FARC), as his predecessor did, Santos has committed to a multifaceted effort to resolve the dispute. In spite of this hope, the Santos many critical non-military policy proposals. Like Santos, the scholarly community has ignored important comparative studies of counterterrorism. This essay attempts to fill a gap in the literature by framing a discussion of FARC in light of new advances in counter-insurgency …

Mitigating The Exploitation Of U.S. Borders By Jihadists And Criminal Organizations, Todd Steinmetz

Journal of Strategic Security

Following the events of September 11, 2001, the U.S. Government began improving security in large population centers and near potential highvalue terrorist targets. Included in these efforts was the development of a more robust border security program, with an emphasis on reducing the threat of terrorist infiltration at America's borders. However, nearly a decade after 9/11, terrorism and organized crime continue to pose significant threats to the United States. As many of these threats emanate from other nations, improved border security helps mitigate these threats. This article summarizes known terrorist activity along the U.S. northern and southern borders, and highlights …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Hizbollah–Syrian Intelligence Affairs: A Marriage Of Convenience, Carl Anthony Wege

Journal of Strategic Security

Since the 1980s, Hizbollah has emerged as the guardian of Lebanon's Shi'a and a stalking horse for Iran. Syria, though allied with Tehran, seeks to manage Hizbollah's freedom of action in Lebanon and is eyed cautiously in Damascus. Hizbollah has managed to maintain independence from these Syrian efforts because of both Lebanese Shi'a religious élan and the protection given Hizbollah by its Shi'a allies in Iran.

"The Rising: Ireland: Easter 1916," Fearghal Mcgarry (New York: Oxford University Press, 2010) And "Guerrilla Warfare In The Irish War Of Independence, 1919-1921," Joseph Mckenna (Jefferson, Nc And London: Mcfarland & Company, Inc., Publishers, 2011), Edward J. Hagerty

Journal of Strategic Security

No abstract provided.

"Terrorism And Homeland Security: Perspectives, Thoughts, And Opinions," Edited By Dale L. June (Boca Raton, Fl: Crc Press, 2011), Mark J. Roberts

Journal of Strategic Security

No abstract provided.

"Area 51: An Uncensored History Of America's Top Secret Military Base," Annie Jacobsen (New York: Little, Brown And Company, 2011), Edward M. Roche

Journal of Strategic Security

No abstract provided.

Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus

All Faculty Scholarship

The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.

No More 'Sha Still', Kenneth Lasson

All Faculty Scholarship

This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.

Table Of Contents (Volume 87)

International Law Studies

No abstract provided.

Introduction (Volume 87)

International Law Studies

No abstract provided.

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Terrorism Financing: The Rise And Fall Of Counter‐Terrorism Policy Primacy, Jonathan Vollinger

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager

University of Miami National Security & Armed Conflict Law Review

Less than a year after the September 11th attacks on New York and Washington D.C., terrorist groups in Southeast Asia carried out a number of high profile attacks in the region. In an area ripe for global terrorism the effects of counter‐terrorism conventions can be measured and the possibility of progress in the global war observed. The regional cooperation inherent in these conventions has been crucial to the success of peace for this region, and is especially significant considering the immense cultural and political differences among these nations.

With fourteen official languages and over 500 million people living in an …

Square Information, Round Categorization: Executive Order 13556 And Its Implementation Challenges, Austin Harris

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Diminishing Free Speech Rights Of Military Chaplains In The Aftermath Of Repealing “Don’T Ask Don’T Tell”, Elyse Stiner

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver

University of Miami National Security & Armed Conflict Law Review

No abstract provided.