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The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim 2018 Indiana University

The Resilient Foundation Of Democracy: The Legal Deconstruction Of The Washington Posts's Condemnation Of Edward Snowden, Hanna Kim

Indiana Law Journal

On September 17, 2016, The Washington Post (“the Post”) made history by being the first paper to ever call for the criminal prosecution of its own source —Edward Snowden. Yet, two years prior to this editorial, the Post accepted the 2014 Pulitzer Prize in Public Service for its “revelation of widespread secret surveillance by the National Security Agency”—an honor which would not have been bestowed had Snowden not leaked the documents through this news outlet. The other three major media outlets that received and published Snowden’s documents and findings—The Guardian, The New York Times, and The Intercept ...


Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman 2018 Penn State Dickinson Law

Jurisdiction, The Internet, And The Good Faith Exception: Controversy Over The Government’S Use Of Network Investigative Techniques, Maureen Weidman

Dickinson Law Review

In February 2015, the FBI discovered a website dedicated to child pornography located on the Tor Network, a network designed to protect its users’ identities on the Internet. Due to the structure of the Tor Network, the FBI could not take down the website and identify users who previously accessed the website. Instead, the FBI kept the website operational for 30 days and applied for a search warrant in the Eastern District of Virginia to use a device called a Network Investigative Technique (“NIT”). This device operated similarly to malware and “attached” to computers accessing the website, allowing the government ...


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 ...


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 ...


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 at Penn Law

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.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.


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 ...


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 at Penn Law

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.


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.


Contents, ADFSL 2018 Embry-Riddle Aeronautical University

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio 2018 University of Miami Law School

United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio

University of Miami International and Comparative Law Review

No abstract provided.


The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi 2018 University of Michigan Law School

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our ...


“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan 2018 University of Maine School of Law

“Frankly Unthinkable”: The Constitutional Failings Of President Trump’S Proposed Muslim Registry, A. Reid Monroe-Sheridan

Maine Law Review

On several occasions during the 2016 presidential campaign, Donald Trump endorsed the creation of a mandatory government registry for Muslims in the United States— not just visitors from abroad, but American citizens as well. This astonishing proposal has received little attention in legal scholarship to date, even though Trump has refused to renounce the idea following his election to the presidency. In this Article, I attempt to address President Trump’ s proposal in several ways. First, I aim to provide a thorough analysis demonstrating unequivocally that such a “ Muslim registry,” with the characteristics President Trump has endorsed, would violate the ...


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