Modifying America's Forward Presence In Eastern Europe,
2016
US Army War College
Modifying America's Forward Presence In Eastern Europe, John R. Deni
The US Army War College Quarterly: Parameters
No abstract provided.
State-Building: America's Foreign Policy Challenge,
2016
US Army War College
State-Building: America's Foreign Policy Challenge, Charles J. Sullivan
The US Army War College Quarterly: Parameters
No abstract provided.
Does Russia Have A Gerasimov Doctrine?,
2016
US Army War College
Does Russia Have A Gerasimov Doctrine?, Roger N. Mcdermott
The US Army War College Quarterly: Parameters
No abstract provided.
The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement",
2016
Penn State Law
The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement", James W. Houck
James Houck
This Article explores how concerns regarding the United Nations' authority to make political, strategic, and operational decisions that comprise the right to command and control UN forces might be reconciled within the framework of the United Nations Charter to create a contemporary and more enduring regime for the command and control of United Nations forces. As Part II demonstrates, command and control issues are not new to the United Nations; indeed, in 1945 the signatories to the United Nations Charter created a model for the command and control of United Nations forces. While the cold war ensured that this model …
Terrorist Sanctions: The Clash In Us And Eu Approaches,
2016
Roger Williams University School of Law
Terrorist Sanctions: The Clash In Us And Eu Approaches, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Doing Our Part: Acknowledging And Addressing Women’S Contributions To Isis,
2016
William & Mary Law School
Doing Our Part: Acknowledging And Addressing Women’S Contributions To Isis, Elizabeth Buner
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Event Program,
2016
Emory University School of Law
Politically Motivated Bar Discipline,
2016
The College of William & Mary School of Law
Politically Motivated Bar Discipline, James E. Moliterno
James E. Moliterno
Bar discipline and admission denial have a century-long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.
Small Data Surveillance V. Big Data Cybersurveillance,
2016
Washington and Lee University School of Law
Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu
Margaret Hu
This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …
Extraterritorial Criminal Jurisdiction,
2016
New York University Law School
Extraterritorial Criminal Jurisdiction, Michael Farbiarz
Michigan Law Review
Over and over again during the past few decades, the federal government has launched ambitious international prosecutions in the service of U.S. national security goals. These extraterritorial prosecutions of terrorists, arms traffickers, and drug lords have forced courts to grapple with a question that has long been latent in the law: What outer boundaries does the Constitution place on criminal jurisdiction? Answering this question, the federal courts have crafted a new due process jurisprudence. This Article argues that this jurisprudence is fundamentally wrong. By implicitly constitutionalizing concerns for international comity, the new due process jurisprudence usurps the popular branches’ traditional …
Obama's National Security Exceptionalism,
2016
Western New England University School of Law
Obama's National Security Exceptionalism, Sudha Setty
Chicago-Kent Law Review
The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …
U.S. Biological Quarantine: A Look At The Legal Framework,
2016
Notre Dame Law School
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
Journal of Legislation
Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy,
2016
Ryerson University.
As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson
Osgoode Hall Law Journal
This article uses constitutional discourses on the legality of security certificates to shed light on darker, neglected corners of the security and migration nexus in Canada. I explore how procedures and practices used in the certificate regime have evolved and migrated to analogous adjudicative and discretionary decision-making contexts. I argue, on the one hand, that the executive’s ability to label persons security risks has been subjected to meaningful constraints in the certificate regime and other functionally equivalent adjudicative proceedings. On the other hand, the ability of discretionary decision makers to deport individuals who pose de jure security risks to face …
The Real Homeland Security Gaps,
2016
FAMU College of Law
The Real Homeland Security Gaps, Areto A. Imoukuede
Journal Publications
This Article reveals the real security gaps in FPS and suggests that the enormous delegation of FPS's vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. However, the current constitutional doctrine regarding inherently governmental functions is so weak that even this obvious example of a vital security function that ought to be performed by government fails to satisfy the current constitutional standard for being inherently governmental. Part II presents the FPS federal infrastructure mission and the real homeland security gaps created by post 9/11 policies that have undermined FPS security capabilities. …
National Security Law,
2016
Southern Methodist University
National Security Law, James D. Carlson, Geoffrey Goodale, Guy C. Quinlan, Sergio L. Suarez
The International Lawyer
No abstract provided.
Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy,
2016
University of California Berkely
Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy, Khaled A. Beydoun
American University Law Review
No abstract provided.
Unraveling The Law Of War,
2016
New York Law School
Unraveling The Law Of War, Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities,
2016
Roger Williams University School of Law
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Spying,
2016
Florida Agricultural and Mechanical University
Spying, Ronald Griffin
Faculty Books and Book Contributions
Ronald C. Griffin’s paper Spying, which is the third paper in the book Selected Issues in Modern Jurisprudence, edited by David A. Frenkel, begins with the finding in the Church Committee Report in the USA. It spotlights Edward Snowden’s disclosure about the NSA, reviews pertinent laws about spying and parades some suggestions and recommendation to curb government excesses.
Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”,
2016
American University Washington College of Law
Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley
American University National Security Law Brief
No abstract provided.
