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2,036 full-text articles. Page 4 of 66.

Critical Infrastructure, Cybersecurity, And Market Failure, John J. Chung 2018 Roger Williams University School of Law

Critical Infrastructure, Cybersecurity, And Market Failure, John J. Chung

Law Faculty Scholarship

No abstract provided.


Treason And Terror: A Toxic Brew, B. Mitchell Simpson III 2018 Roger Williams University School of Law

Treason And Terror: A Toxic Brew, B. Mitchell Simpson Iii

Law Faculty Scholarship

No abstract provided.


Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger 2018 St. Mary's University School of Law

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming


Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon 2018 St. Mary's University

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming


The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan 2018 University of Virginia

The Posse Comitatus Act And The Fourth Amendment's Exclusionary Rule, Patrick Walsh, Paul Sullivan

American University National Security Law Brief

No abstract provided.


How Cybersecurity Regulation For The Smart Grid Could Upset The Current Balance Of Federal And State Jurisdiction In Electricity Regulation, Cynthia Anderson 2018 American University Washington College of Law

How Cybersecurity Regulation For The Smart Grid Could Upset The Current Balance Of Federal And State Jurisdiction In Electricity Regulation, Cynthia Anderson

American University National Security Law Brief

No abstract provided.


The Security And Human Rights Dilemma: An Inquiry Into U.S.-Ethiopia Diplomatic Relations 1991-2012, Seife Ayalew 2018 Northwestern Pritzker School of Law

The Security And Human Rights Dilemma: An Inquiry Into U.S.-Ethiopia Diplomatic Relations 1991-2012, Seife Ayalew

Northwestern Journal of Human Rights

In the post-1991 U.S.-Ethiopian diplomacy, the use of foreign policy as a framework to advance the cause of human rights has faced several challenges rooted in the way human rights is defined and the intricate interests vested in the U.S. foreign policy establishment. This article elucidates the limitations and challenges of diplomatic machinery as a framework for advancing the cause of human rights. First, human rights in the U.S. foreign policy machine have been given a marginal or subordinate place in diplomatic priorities. Second, the Government of Ethiopia’s (GOE) resistance and tough diplomatic measures and ...


The Corporate Governance Of National Security, Andrew Verstein 2018 Wake Forest University School of Law

The Corporate Governance Of National Security, Andrew Verstein

Washington University Law Review

At hundreds of companies, the government installs former spies and military officers to run the business without shareholder oversight, putting security before profits in order to protect vital projects from potentially treasonous influences. Through procedures I call “National Security Corporate Governance,” corporate boardrooms have quietly become instruments of national defense, marrying the efficiency norms of corporate law and the protective ambitions of national security. How is this achieved, and how successfully? Using a variety of research approaches – including Freedom of Information Act (FOIA) requests, archival searches, telephone interviews, and in-person conversations with industry insiders – this Article illuminates a secretive government ...


What's So Great About The Declare War Clause?, Matthew C. Waxman 2018 Columbia Law School

What's So Great About The Declare War Clause?, Matthew C. Waxman

Faculty Scholarship

I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient about many things, but the strategy and politics of war were not among them. Second, modern constitutional critics of an imperial presidency place too much weight on the declare war clause — and especially Madison’s statements about it. Madison, indeed, worried deeply about unchecked presidential war powers. But Feldman’s book shows that Madison did not emphasize the same risks and checks so often ascribed to him today ...


Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

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

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Cybersecurity And The New Era Of Space Activities, David P. Fidler 2018 Indiana University Maurer School of Law

Cybersecurity And The New Era Of Space Activities, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


An Unstoppable Force And An Immoveable Object? Eu Data Protection Law And National Security, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson 2018 Indiana University Maurer School of Law

An Unstoppable Force And An Immoveable Object? Eu Data Protection Law And National Security, Fred H. Cate, Christopher Kuner, Orla Lynskey, Christopher Millard, Nora Ni Loideain, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.


Bureaucratic Resistance And The National Security State, Rebecca Ingber 2018 Boston University

Bureaucratic Resistance And The National Security State, Rebecca Ingber

Faculty Scholarship

Modern accounts of the national security state tend toward one of two opposing views of bureaucratic tensions within it: At one extreme, the executive branch bureaucracy is a shadowy “deep state,” unaccountable to the public or even to the elected President. On this account, bureaucratic obstacles to the President’s agenda are inherently suspect, even dangerous. At the other end, bureaucratic resistance to the President represents a necessary benevolent constraint on an otherwise imperial executive, the modern incarnation of the separation of powers, as the traditional checks on the President of the courts and Congress have fallen down on the ...


Targeted Capture, Alexander K.A. Greenawalt 2018 Elisabeth Haub School of Law at Pace University

Targeted Capture, Alexander K.A. Greenawalt

Pace Law Faculty Publications

This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human ...


If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt 2018 Elisabeth Haub School of Law at Pace University

If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt

Pace Law Faculty Publications

This response focuses on one of the most difficult questions posed by Rosa Brooks's How Everything Became War and the Military Became Everything: How should the erosion of the war / peace dichotomy impact the justifications for the use of lethal force by the United States government and what, if any, role is there for law in this context? While Brooks is unambiguously critical of Bush administration legal policies that asserted expansive executive war powers, she is less certain about the Obama administration's own reliance on the war paradigm to justify its targeted killing policies. While describing these policies ...


Disciplining Deference: Strengthening The Role Of The Federal Courts In The National Security Realm, Dominic X. Barceleau 2018 Notre Dame Law School

Disciplining Deference: Strengthening The Role Of The Federal Courts In The National Security Realm, Dominic X. Barceleau

Notre Dame Law Review

This Note will argue that federal courts need to be more “disciplined” in their deference determinations in order to effectively check the Executive’s power. Part I will look at the Constitution and its allocation of foreign relations powers for evidence of the appropriate amount of deference that ought to be shown by the judiciary. While the text of the Constitution is largely silent on this question, Part I will show that this silence does not exclude a role for the judiciary in foreign affairs. Part II will proceed to discuss several important Supreme Court decisions that have helped to ...


Neutrality And Outer Space, Wolff Heintschel von Heinegg 2017 Europa-Universität Viadrina, Frankfurt (Oder), Germany

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the ...


Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn 2017 College of William & Mary Law School

Encryption, Asymmetric Warfare, And The Need For Lawful Access, Geoffrey S. Corn

William & Mary Bill of Rights Journal

No abstract provided.


Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu 2017 College of William & Mary Law School

Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu

William & Mary Bill of Rights Journal

This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination ...


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