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The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan 2020 University of Illinois College of Law

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law ...


Adapting U.S. Electronic Surveillance Laws, Policies, And Practices To Reflect Impending Technological Developments, Eric Manpearl 2020 The Catholic University of America, Columbus School of Law

Adapting U.S. Electronic Surveillance Laws, Policies, And Practices To Reflect Impending Technological Developments, Eric Manpearl

Catholic University Law Review

Intelligence collection must always evolve to meet technological developments. While the collection programs under Section 702 of the FISA Amendments Act of 2008 have produced a great deal of valuable intelligence over the last decade, the United States must begin to think about foreseeable technological developments and strategically consider how to conduct signals intelligence (SIGINT) collection in the future.

This Article identifies four technological trends that could significantly impact the way the United States conducts SIGINT. Individuals now have access to sophisticated technologies that formerly only governments seemed capable of creating, and this decentralization of capabilities will likely only increase ...


The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison 2020 The Catholic University of America, Columbus School of Law

The More Things Change, The More They Stay The Same: The United States, Trade Sanctions, And International Blocking Acts, Meaghan Jennison

Catholic University Law Review

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community. European countries, in an attempt to continue existing business relationships with the Iranians, pulled an old tool from their toolbox – the blocking statute – to attempt to allow European and multinational companies to ...


National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington 2020 Air Command and Staff College

National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington

Georgia Journal of International & Comparative Law

No abstract provided.


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman 2020 Purdue University

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public ...


Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman 2020 Purdue University

Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The Australian National Audit Office (ANAO) evaluates the management and financial performance of Australian government programs for the Australian Parliament, Australian government agencies, Australian taxpayers, and individuals interested in the performance of these programs globally. This article examines how ANAO has examined the performance of Australian Army programs and strengths and weaknesses found in these programs while recommending changes to improve program performance. It also examines how government agencies and corporations which have been the subject of ANAO analyses have reacted to ANAO findings. This assessment also examines how Plan B (the possibility that Australia might have to rely less ...


Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith 2020 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the April 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.


New Media, Free Expression, And The Offences Against The State Acts, Laura K. Donohue 2020 Georgetown University Law Center

New Media, Free Expression, And The Offences Against The State Acts, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

In Ireland, since 1939, the Offences Against the State Act (OAS) has served as the primary vehicle for confronting political violence. How effective is it in light of new media and the novel types of threats that it poses? Terrorist recruitment is just the tip of the iceberg. Social networking sites allow for targeted and global fundraising, international direction and control, anonymous power structures, and access to critical expertise. The platform can create the oceans within which extreme ideologies can prosper—and it can do so, targeting individuals likely to be sympathetic to the cause, 24 hours a day, seven ...


Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller 2020 Notre Dame Law School

Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller

Notre Dame Law Review Reflection

An inherent source of conflict in the United States exists between protecting national security and safeguarding individual civil liberties. Throughout history, Americans have consistently been skeptical and fearful of the government abusing its power by spying on Americans. In an effort to curtail government abuses through surveillance, President Carter and Congress enacted the Foreign Intelligence Surveillance Act of 1978 (FISA). The purpose of FISA was to establish a “statutory procedure authorizing the use of electronic surveillance in the United States for foreign intelligence purposes.” FISA provides the government with the authority to engage in electronic surveillance, targeted at foreign powers ...


The Right Rights For The Right People? The Need For Judicial Protection Of Foreign Investors, Isaac Lederman 2020 Boston College Law School

The Right Rights For The Right People? The Need For Judicial Protection Of Foreign Investors, Isaac Lederman

Boston College Law Review

If the executive branch decides to prevent a foreign investor from acquiring certain assets on national security grounds, that decision has historically not been subject to judicial review. Few scholars have questioned this idea, which Congress enshrined in statute in 1988 and the D.C. Circuit endorsed in Ralls, a 2014 decision. This gap in the literature is particularly surprising in light of other countries’ recent efforts to tighten their foreign investment regimes. Although scholars argue extensively about the role the legislature should play in the regulation of foreign investment, the judiciary receives scant attention. This Note aims to fill ...


Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad 2020 Boston College Law School

Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad

Boston College Law Review

The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist interests within the United States tend to prevent similar crimes committed in the name of, for example, right-wing terrorism to be convicted under the terrorism section of the criminal code. In light of the threat posed by domestic terrorism and other trends in the political and cultural ethos, the current state ...


Protecting The States From Electoral Invasions, Drew Marvel 2020 William & Mary Law School

Protecting The States From Electoral Invasions, Drew Marvel

William & Mary Bill of Rights Journal

Since the 2016 U.S. presidential election, the threat of foreign interference in U.S. elections has loomed large in the minds of the American public. During the 2016 campaign season, Russian government-backed hackers infiltrated the networks and computers of the Democratic National Committee (DNC), the Democratic Congressional Campaign Committee (DCCC), and various campaign officials, harvesting private information and installing spyware and malware for ongoing intelligence purposes. U.S. intelligence officials have indicated that, using similar tactics, the Russian hackers also targeted election systems and officials in all fifty states, successfully breaching at least two of those states’ election systems ...


State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley 2020 University of Georgia School of Law

State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley

Georgia Journal of International & Comparative Law

No abstract provided.


Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith 2020 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the January 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe II 2020 United States Marine Corps

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone 2020 St. Mary's University School of Law

Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone

St. Mary's Law Journal

Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change ...


Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D. 2020 Candidate for J.D., Roger Williams University School of Law, 2020

Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D.

Roger Williams University Law Review

No abstract provided.


The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira 2020 Claremont Colleges

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been ...


Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen 2020 Stanford Law School

Trade Multilateralism And U.S. National Security: The Making Of The Gatt Security Exceptions, Mona Pinchis-Paulsen

Michigan Journal of International Law

Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical ...


U.S. Military Innovation In The 21st Century: The Era Of The “Spin-On”, Tyler J. Knox 2020 University of Pennsylvania

U.S. Military Innovation In The 21st Century: The Era Of The “Spin-On”, Tyler J. Knox

Wharton Research Scholars

The intersection between the U.S. military and technological innovation, a “military-innovation nexus,” has led to the genesis of key technologies, including nuclear energy, general computing, GPS, and satellite technology from World War II to the present. However, an evolving innovation context in the twenty-first century, including the leadership of the commercial sector in technology innovation and the resurgence of great power competition, has led to doubts about the ability of the Department of Defense to discover and promote the technological innovations of the future. The Third Offset Strategy was formulated in 2014 in response to these concerns: The offset ...


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