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Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick 2018 Liberty University

Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick

Senior Honors Theses

For years, the US Intelligence Community has worked to maintain the thin and often wavering line between civil liberty and national security in its attempts to protect the American people while simultaneously preserving their constitutional rights. However, this line has often shifted with the course of American history, including events such as the Alien and Sedition Acts, the establishment of the Church Committee, and the publication of the NSA’s data collection program. One of the most significant of these factors was the passage and eventual amendment of the Foreign Intelligence Surveillance Act, which opened the door to later constitutional ...


"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius 2018 Notre Dame Law School

"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius

Journal of Legislation

No abstract provided.


Developing Kenya’S Educational Capacity In Nuclear Security Through Nuclear Forensics Research, Hudson Kalambuka Angeyo 2018 Department of Physics, University of Nairobi, Kenya

Developing Kenya’S Educational Capacity In Nuclear Security Through Nuclear Forensics Research, Hudson Kalambuka Angeyo

International Journal of Nuclear Security

Nuclear energy’s distinctive characteristics give rise to special educational requirements. These requirements are necessary to not only address the danger of nuclear proliferation, but also to build capacity for a secure nuclear fuel circle. In this paper, I assess the status of educational capacity in nuclear security both in response to, and in support of, Kenya’s nuclear power program. I highlight the nuclear security educational infrastructure’s key features in the context of nuclear power, noting the low capacity at Kenyan universities. I identify the steps required to ensure that the country’s dynamic nuclear regulatory infrastructural framework ...


The Operational And Administrative Militaries, Mark P. Nevitt 2018 University of Pennsylvania Law School

The Operational And Administrative Militaries, Mark P. Nevitt

Faculty Scholarship

This Article offers a new way of thinking about the military. The U.S. military’s existing legal architecture arose from tragedy: in response to operational military failures in Vietnam, the 1980 failed Iranian hostage rescue attempt and other military misadventures, Congress revamped the Department of Defense (DoD)’s organization. The resulting law, the Goldwater-Nichols Act, formed two militaries within the DoD that endure to this day. These two militaries – the operational military and the administrative military – were once opaque to the outside observer but have emerged from the shadows in light of recent conflicts. The operational military remains the ...


Secret Law, Jonathan Manes 2018 University at Buffalo School of Law

Secret Law, Jonathan Manes

Journal Articles

The law cannot be a secret hidden from the public. This proposition strikes most of us as uncontroversial—a basic premise of any legal order committed to democratic accountability and the rule of law. Yet in this country secret law not only exists, but has become an entrenched feature of contemporary national security governance. From NSA surveillance to terrorist watch lists to targeted killings, the most controversial national security programs of our time have all been governed by secret rules, secret directives, and secret legal interpretations.

This Article sheds new light on this deeply unsettling state of affairs. It pushes ...


Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship

This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

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The Fight Over Encryption: Reasons Why Congress Must Block The Government From Compelling Technology Companies To Create Backdoors Into Their Devices, Shannon Lear 2018 Cleveland-Marshall College of Law

The Fight Over Encryption: Reasons Why Congress Must Block The Government From Compelling Technology Companies To Create Backdoors Into Their Devices, Shannon Lear

Cleveland State Law Review

Advances in technology in the past decade have blurred the line between individuals’ privacy rights and the government’s ability to access information. How should this issue be handled in a manner that balances the privacy rights of individuals and the government’s access to information in the interest of national security?

This Note proposes a bright-line rule that would continue to allow the government to obtain specific information from a data service provider without forcing the company to circumvent its own security features. Under this rule, a company shall relinquish specific information in its control or possession only by ...


Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest 2018 Bryant University

Terrorism Risk Insurance: Is It Really Working?, Rebecca Demarest

Honors Projects in Mathematics

This paper investigates terrorism risk insurance in the United States as well as those programs offered in other countries throughout the world. In the United States, particular attention is devoted to the interaction of government with private insurers to maintain an effective insurance program. An analysis is performed comparing terrorism insurance before and after the attacks on the World Trade Center on September 11, 2001. The paper looks into actual terrorist events that have occurred focusing on 56 world-wide events that are associated with property losses greater than $10 million. This paper not only investigates the losses that were incurred ...


Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo 2018 The Catholic University of America, Columbus School of Law

Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo

Catholic University Law Review

The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.

This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security ...


Cyber!, 2018 Brigham Young University Law School

Cyber!

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers ...


Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt 2018 University of Pennsylvania Law School

Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt

Faculty Scholarship

What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the rise ...


National Security Letters And Intelligence Oversight, Michael J. Greenlee 2018 Concordia University School of Law

National Security Letters And Intelligence Oversight, Michael J. Greenlee

Michael Greenlee

The history of NSL [national security letter] powers can serve as an illuminating example of the post­-Church Committee development of intelligence investigations. Many of the Church Committee findings and recommendations concerning the need for expanded oversight to prevent the executive branch from violating or ignoring the law, excessively using intrusive investigation techniques, and conducting overbroad investigations with inadequate controls on the retention and dissemi­nation of the information gathered are all reflected in the development of NSL powers and authorities from their creation in 1978 through passage of the PlRA [USA PATRIOT Improvement and Reauthorization Act] in 2006. At ...


Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel Hulsebosch 2018 NYU School of Law

Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel Hulsebosch

New York University Public Law and Legal Theory Working Papers

This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope. Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and ...


From Imperial To International Law: Protecting Foreign Expectations In The Early United States, Daniel Hulsebosch 2018 NYU School of Law

From Imperial To International Law: Protecting Foreign Expectations In The Early United States, Daniel Hulsebosch

New York University Public Law and Legal Theory Working Papers

This Essay argues that several principles associated with modern international investment law and dispute resolution arose in the wake of the American Revolution, as the revolutionaries and Britons sought to restructure trade relations, previously regulated by imperial law, under new treaties and the law of nations. They negotiated such problems as the currency in which international debts would be paid; the ability of foreign creditors pursue domestic collection remedies; whether creditors had to exhaust those remedies before their nation could resort to international arbitration; and the form of state-state arbitration of private disputes. The specific setting of these negotiations—the ...


Rendition In Extraordinary Times, Margaret L. Satterthwaite, Alexandra M. Zetes 2018 NYU School of Law

Rendition In Extraordinary Times, Margaret L. Satterthwaite, Alexandra M. Zetes

New York University Public Law and Legal Theory Working Papers

The practice of rendition—the involuntary transfer of an individual across borders without recourse to extradition or deportation proceedings—is not new. Indeed, the practice of snatching a defendant for trial—“rendition to justice”—has been used by governments for more than a century. Although rendition has been controversial in human rights circles, it has been celebrated by many as crucial in the fight against impunity for grave crimes. Former U.S. President George W. Bush was criticized for the “novel” practice of “extraordinary rendition”—the transfer of suspects to locations known for the systematic use of torture, including secret ...


The "Double Standard" Of Nonproliferation: Regime Type And The U.S. Response To Nuclear Weapons Program, Alina Shymanska 2018 NEREC Research Fellow

The "Double Standard" Of Nonproliferation: Regime Type And The U.S. Response To Nuclear Weapons Program, Alina Shymanska

International Journal of Nuclear Security

There is no doubt that the NPT regime is far from being equal for all states involved. As the predominant hegemonic power since WWII, the United States plays a major role in deciding the fates of non-great power proliferators. This article tries to find the logical explanation of the phenomenon whereby some nuclear proliferators are absolved regardless of their active accumulation of nuclear arsenals while others are labeled as “rogue states” and ordered to disarm. The article suggests that a particular proliferator’s political regime could affect the way in which its state is approached by the U.S., known ...


Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan 2018 Boston College Law School

Pathologizing “Radicalization” And The Erosion Of Patient Privacy Rights, Kelly Morgan

Boston College Law Review

Countering Violent Extremism (“CVE”) is a counterterrorism strategy ostensibly aimed at preventing “radicalization” through risk assessment and intervention. CVE involves recruitment of helping professionals, including mental health care providers, to monitor their patients for signs of “vulnerability to radicalization,” make referrals to “de-radicalization” programs, and participate in multidisciplinary intervention teams. Broad national security and public safety exceptions within existing privacy laws allow mental health professionals participating in CVE to make potentially harmful disclosures of private patient information. This Note argues that professional associations representing mental health care providers should develop policies to limit and regulate members’ participation in CVE.


Tracing The American State Of Exception From The George W. Bush, Barack Obama, And Donald Trump Presidencies, Arthur Percy Sherwood 2018 Western University

Tracing The American State Of Exception From The George W. Bush, Barack Obama, And Donald Trump Presidencies, Arthur Percy Sherwood

Western Journal of Legal Studies

The state of exception has come to weaken the rule of law; that is, it has enabled the sovereign to not only increase its political power but to suspend the law itself. This investigation demonstrates how the post–9/11 state of exception (or of emergency, necessity, or martial law) is increasingly used as the basis of contemporary American governance. This form of governance has been intensified since 9/11 by suspending normal rules and procedures and replacing them with extrajudicial measures that unduly jeopardize fundamental freedoms. The first section develops a framework for the state of exception that draws ...


Back Matter, ADFSL 2018 Embry-Riddle Aeronautical University

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, ADFSL 2018 Embry-Riddle Aeronautical University

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


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