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

National Security Commons

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

739 Full-Text Articles 666 Authors 348,657 Downloads 64 Institutions

All Articles in National Security

Faceted Search

739 full-text articles. Page 1 of 24.

Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden 2015 University of Georgia School of Law

Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of Counterintervention, John A. Perkins 2015 Palmer & Dodge

The Right Of Counterintervention, John A. Perkins

Georgia Journal of International & Comparative Law

No abstract provided.


Terrorism Trials In Article Iii Courts, Laura K. Donohue 2015 Georgetown University Law Center

Terrorism Trials In Article Iii Courts, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Some individuals reject Article III courts as a forum for bringing terrorist suspects to justice on the grounds that the ordinary judicial system cannot handle such cases. As an empirical matter, this claim is simply false. Since 2001, myriad terrorism trials have progressed through the criminal system. The U.S. Department of Justice (DOJ) reports that between 2001 and 2010, there were 998 defendants indicted in terrorism prosecutions. Eighty-seven percent of the defendants were convicted on at least one charge. According to the Executive Office for the U.S. Attorneys, from FY 2004 to FY 2009, there were 3,010 ...


Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi 2015 University of Michigan Law School

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on ...


Lawfare, Charles J. Dunlap Jr. 2015 Duke Law School

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick 2015 Maurice A. Deane School of Law at Hofstra University

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.


Dollar Unilateralism: The New Frontline Of National Security, Suzanne Katzenstein 2015 Kenan Institute for Ethics at Duke University

Dollar Unilateralism: The New Frontline Of National Security, Suzanne Katzenstein

Indiana Law Journal

This Article makes three points. First, it draws attention to a profound shift toward “dollar unilateralism” by the U.S. government as it advances core national security goals. Relying on the special status of the U.S. dollar, the government has enlisted foreign banks to isolate targeted entities and track illicit financial flows. Second, drawing on examples such as Iran’s nuclear program, the Article identifies three formal and informal legal tactics the government has used to implement dollar unilateralism: financial sticks, high-profile blacklists, and direct diplomacy. Finally, the Article discusses the efficacy of dollar unilateralism and its implications for ...


Reflections On Two Years Of Disaster Recovery, Benjamin Rajotte 2015 SelectedWorks

Reflections On Two Years Of Disaster Recovery, Benjamin Rajotte

Benjamin Rajotte

No abstract provided.


Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman 2014 University of Georgia School of Law

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer 2014 University of Georgia School of Law

Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, JoAnne M. Sweeny 2014 University of Louisville, Louis D. Brandeis School of Law

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but ...


The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink 2014 United States House of Representatives

The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Courts In Time Of War, William C. Banks 2014 Syracuse University College of Law

The Role Of The Courts In Time Of War, William C. Banks

Washington and Lee Law Review Online

The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of ...


Membership Lists, Metadata, And Freedom Of Association’S Specificity Requirement, Katherine J. Strandburg 2014 NYU School of Law

Membership Lists, Metadata, And Freedom Of Association’S Specificity Requirement, Katherine J. Strandburg

New York University Public Law and Legal Theory Working Papers

Revelations of massive aggregation of telephone call records by the NSA have led to widespread debate about the legality, effectiveness, and normative desirability of such broad-based government data collection. This article contends that mass collection of so-called “metadata” as a means to investigate associations impinges on the First Amendment right to associate freely. Such programs thus should, like government demands for membership lists of expressive associations, be subjected to First Amendment scrutiny. While the Fourth Amendment has been the focus of much of the debate about metadata surveillance, the right to freedom of association may provide independent and potentially stronger ...


The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege 2014 Georgetown University

The President’S National Security Agenda Curtailing Ebola, Safeguarding The Future, Lawrence O. Gostin, Henry A. Waxman, William Foege

Georgetown Law Faculty Publications and Other Works

A clear lesson of the Ebola epidemic in West Africa is the need for strong public health systems globally, including in the United States. Ebola has highlighted the dangers of weak public health systems, from the immense shortage of health workers in West Africa to the budget cuts at the U.S. Centers for Disease Control and Prevention. In response to Ebola and the broader threat of infectious disease, President Obama has proposed a $6.2 billion supplemental funding request to Congress. The supplemental would surge resources for containing and treating Ebola in West Africa -- including a reserve of funds ...


The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck 2014 University of Georgia School of Law

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.


U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro 2014 Embry-Riddle Aeronautical University

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.


Speech Along The Atrocity Spectrum, Gregory S. Gordon 2014 Chinese University of Hong Kong

Speech Along The Atrocity Spectrum, Gregory S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec 2014 University of Georgia School of Law

The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec

Georgia Journal of International & Comparative Law

No abstract provided.


China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman 2014 Purdue University

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region ...


Digital Commons powered by bepress