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Articles 1 - 30 of 221
Full-Text Articles in National Security Law
Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen
Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen
Faculty Scholarship
The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …
Who Decides On Security?, Aziz Rana
Who Decides On Security?, Aziz Rana
Aziz Rana
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …
Responses To The Ten Questions, Aziz Rana
Responses To The Ten Questions, Aziz Rana
Aziz Rana
This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Georgia Journal of International & Comparative Law
No abstract provided.
The Bounds Of Necessity, Jens David Ohlin
The Bounds Of Necessity, Jens David Ohlin
Jens David Ohlin
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 …
Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer
Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
Aedpa: The "Hype" And The "Bite", John H. Blume
Aedpa: The "Hype" And The "Bite", John H. Blume
John H. Blume
On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
Georgia Journal of International & Comparative Law
No abstract provided.
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Dynamic Surveillance: Evolving Procedures In Metadata And Foreign Content Collection After Snowden, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan
Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies 1, Usawc Press
Commentaries And Replies 1, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie
The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie
The US Army War College Quarterly: Parameters
No abstract provided.
China's Concept Of Military Strategy, Timothy Thomas
China's Concept Of Military Strategy, Timothy Thomas
The US Army War College Quarterly: Parameters
No abstract provided.
China's Military Mercantilism, Christopher Bowen Johnston
China's Military Mercantilism, Christopher Bowen Johnston
The US Army War College Quarterly: Parameters
No abstract provided.
The Role Of The Courts In Time Of War, William C. Banks
The Role Of The Courts In Time Of War, William C. Banks
Washington and Lee Law Review Online
The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …
Considering Why We Lost, Tami Davis Biddle
Considering Why We Lost, Tami Davis Biddle
The US Army War College Quarterly: Parameters
No abstract provided.
China's Strategic Moves And Counter-Moves, David Lai
China's Strategic Moves And Counter-Moves, David Lai
The US Army War College Quarterly: Parameters
No abstract provided.
Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry
Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry
The US Army War College Quarterly: Parameters
No abstract provided.
American "Declinism": A Review Of Recent Literature, Michael Daniels
American "Declinism": A Review Of Recent Literature, Michael Daniels
The US Army War College Quarterly: Parameters
No abstract provided.
Index, Vol. 14, 2014, Usawc Press
Index, Vol. 14, 2014, Usawc Press
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.
Commentaries And Replies 2, Usawc Press
Commentaries And Replies 2, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
China's "Power Projection" Capabilities, Thomas M. Kane
China's "Power Projection" Capabilities, Thomas M. Kane
The US Army War College Quarterly: Parameters
No abstract provided.
Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege
Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege
The US Army War College Quarterly: Parameters
No abstract provided.
Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht
Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht
The US Army War College Quarterly: Parameters
No abstract provided.
Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson
Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson
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.
Immigration Surveillance, Anil Kalhan
Immigration Surveillance, Anil Kalhan
Anil Kalhan
In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …