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All Articles in National Security Law

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1864 full-text articles. Page 4 of 62.

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.


The Catholic Just War Tradition And The War In Iraq: Just Pre-Emptive War, Just Humanitarian Intervention?, Daniel R. Strecker 2017 St. John's University School of Law

The Catholic Just War Tradition And The War In Iraq: Just Pre-Emptive War, Just Humanitarian Intervention?, Daniel R. Strecker

Journal of Catholic Legal Studies

No abstract provided.


Spatial Terrorism, Dawinder S. Sidhu 2017 University of New Mexico School of Law

Spatial Terrorism, Dawinder S. Sidhu

Dawinder Sidhu

Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated ...


Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.


Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo 2017 University of Richmond

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo

Law Student Publications

In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where ...


For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky 2017 Michigan State University

For Recognition Of A Peoples’ Right To U.N. Authorized Armed Intervention To Stop Mass Atrocities, Susan H. Bitensky

Washington University Global Studies Law Review

This Article calls for recognition under international law of a conditional peoples’ right to United Nations (U.N.) authorized armed intervention to stop mass atrocities. The condition is that non-violent strategies must have failed or must reasonably be expected to fail in achieving this goal.

If recognized, the new right will for the first time place power to obtain armed intervention in the people who are most at risk and impose a correlative duty on the U.N. to provide that intervention in qualifying cases. The right will concomitantly lift people out of the passivity of victimhood and make them ...


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