Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1839 Full-Text Articles 1564 Authors 857414 Downloads 110 Institutions

All Articles in National Security Law

Faceted Search

1839 full-text articles. Page 3 of 61.

War In The 21st Century And Collected Works, 2017 Penn State Law

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


All The News That’S Worth The Risk: Improving Protection For Freelance Journalists In War Zones, Lindsay R. Grossman 2017 Boston College Law School

All The News That’S Worth The Risk: Improving Protection For Freelance Journalists In War Zones, Lindsay R. Grossman

Boston College International and Comparative Law Review

Although war journalism has existed for centuries, changes in the nature of armed conflict and its coverage have put the danger for modern journalists at an all time high. The traditional war correspondent has been replaced in recent years by the independent freelance journalist. While the former receives the full protection and financial backing of his respective news organization and the American military, the latter works on his own, often living in dangerous war zones with little or no training, insurance, or equipment. This new mode of journalism has proved especially dangerous in the current conflict in Syria, where terrorist ...


Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman 2017 DePaul University College of Law

Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman

Boston College International and Comparative Law Review

Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should be synthesized with widely recognized principles of international criminal justice. Targeted killings are now the only aspect of counter-terrorism policy that operates outside constraints of criminal justice and beyond judicial review. That many people are being killed without anything like due process of law undermines ...


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam 2017 Boston College Law School

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler 2017 Embry-Riddle Aeronautical University

Digital Forensics: Everything Leaves A Trace In Cyberspace, Gary C. Kessler

Gary C. Kessler

"What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard's Principle"--Overview


A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman 2017 Georgetown University Law Center

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question ...


The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little 2017 Judge Advocate, United States Army

The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little

Pace Law Review

The Big Lebowski is a cultural phenomenon that has prompted academic research into the nature of cult cinema, provided fodder for a host of law review quotes, and motivated a tradition of fan festivals and midnight screenings. However, most viewers do not realize that The Big Lebowski also serves as an engaging training tool for military and national security attorneys.

Disguised as an impish play on film noir and hard-boiled detective fiction, The Big Lebowski’s unpretentious treatment of delicate topics contains poignant lessons for military and national security attorneys that include: (1) the risks facing national security attorneys when ...


A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany 2017 Hebrew University of Jerusalem

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial ...


Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell 2017 Georgia State University College of Law

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started ...


The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank 2017 Emory University School of Law

The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank

International Law Studies

This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify ...


Standing And Covert Surveillance, Christopher Slobogin 2017 Selected Works

Standing And Covert Surveillance, Christopher Slobogin

Christopher Slobogin

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the ...


Cfius In The Age Of Chinese Investment, Patrick Griffin 2017 Fordham University School of Law

Cfius In The Age Of Chinese Investment, Patrick Griffin

Fordham Law Review

As China’s economy has developed, its companies, both state-owned and privately held, have moved to expand their operations in the United States to the point where many now seek to invest in—and on occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations regardless of their ownership structure, renders such transactions national security threats. Recent hostility toward Chinese-led inbound investment is not a new trend; Congress has attempted to assert itself into the screening process undertaken by ...


The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies 2017 Roger Williams University School of Law

The Dhs Border Memo Ii: Removal First, Hearing Later?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies 2017 Roger Williams University School of Law

The Dhs Border Memo: Ramping Up Expedited Removal And Raising Tensions With Mexico And With Due Process, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies 2017 Roger Williams University School of Law

Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies

Life of the Law School (1993- )

No abstract provided.


Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein 2017 Roger Williams University School of Law

Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein

Life of the Law School (1993- )

No abstract provided.


Digital Commons powered by bepress