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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.


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

Libraries Faculty and Staff Scholarship and Research

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 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, except ...


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 ...


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 ...


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.


The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimène Keitner 2020 Georgetown University Law Center

The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimène Keitner

Georgetown Law Faculty Publications and Other Works

This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government’s ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As early as March 6, 2017, then-Secretary of Homeland Security John Kelly told CNN’s Wolf Blitzer that he was considering separating families at the border as a deterrent to illegal immigration as part of a “zero tolerance” policy whereby the Trump administration intended the strictest enforcement of immigration law against those migrants coming to the U.S. southern border . Kelly did not ...


The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan 2019 Barry University School of Law

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries ...


Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies 2019 Roger Williams University School of Law

Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. DeRosa, Ashley Nicolas 2019 Georgetown University Law Center

The President And Nuclear Weapons: Authorities, Limits, And Process, Mary B. Derosa, Ashley Nicolas

Georgetown Law Faculty Publications and Other Works

There is no more consequential decision for a president than ordering a nuclear strike. In the Cold War, the threat of sudden nuclear annihilation necessitated procedures emphasizing speed and efficiency and placing sole decision-making authority in the president’s hands. In today’s changed threat environment, the legal authorities and process a U.S. president would confront when making this grave decision merit reexamination. This paper serves as a resource in the national discussion about a president’s legal authority and the procedures for ordering a nuclear strike, and whether to update them.


Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell 2019 Georgetown University Law Center

Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell

Georgetown Law Faculty Publications and Other Works

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far ...


How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman 2019 Purdue University

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the ...


The 2018 National Strategy For Counterterrorism: A Synoptic Overview, Dan E. Stigall, Chris Miller, Lauren Donnatucci 2019 National Security Council

The 2018 National Strategy For Counterterrorism: A Synoptic Overview, Dan E. Stigall, Chris Miller, Lauren Donnatucci

Dan E. Stigall

This article briefly reviews a few aspects of the 2018 National Strategy for Counterterrorism (NSCT) that are worthy of examination. These include its wider scope, which encompasses domestic terrorism and state-sponsored terrorism; its focus on prevention efforts with a consideration of future threats; and the efficacy of its approach to pursuing and dismantling terrorist groups, most notably the Islamic State of Iraq and Syria (ISIS).


The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz 2019 Georgetown Law

The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz

Northwestern Journal of Law & Social Policy

The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That ...


Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward 2019 Gettysburg College

Deconstructing Perceptions Of The Border Patrol At The U.S.-Mexico Border, Claire H. Woodward

Student Publications

The U.S.-Mexico border is a space for public debate on the legal and political aspects of immigration. Politicization of the southern border has resulted in polarized public opinion regarding immigration, leading to discrepancies between public perceptions of the Border Patrol and agents’ perceptions of their job. Agents’ work requires emotional labor, and lack of training for difficult encounters, pressure within the agency to detach from emotions, and public outcry lead to dissonance in agent perceptions of their own role in immigration enforcement. In addition, economic, ethnic, and gender-based factors contribute to agent identities, which intersect with perceptions of ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Global Test Threatens Security, Alan J. Meese 2019 William & Mary Law School

Global Test Threatens Security, Alan J. Meese

Alan J. Meese

No abstract provided.


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