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Responses To The Ten Questions, Charles J. Dunlap Jr.

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Perspectives For Cyber Strategists On Law For Cyberwar, Charles J. Dunlap Jr.

Faculty Scholarship

The proliferation of martial rhetoric in connection with the release of thousands of pages of sensitive government documents by the WikiLeaks organization underlines how easily words that have legal meanings can be indiscriminately applied to cyber events in ways that can confuse decision makers and strategists alike. The WikiLeaks phenomenon is but the latest in a series of recent cyber-related incidents––ranging from cyber crises in Estonia and Georgia to reports of the Stuxnet cyberworm allegedly infecting Iranian computers––that have contributed to a growing perception that “cyberwar” is inevitable, if not already underway. All of this generates a range of legal …

Responses To The Ten Questions, Eric Jensen

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, John Cary Sims

William Mitchell Law Review

No abstract provided.

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.

Understanding When And How Domestic Courts Apply Ihl, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

How We Lost The High-Tech War Of 2020: A Warning From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Responses To The Ten Questions, Jeffrey Kahn

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Wayne Mccormack

William Mitchell Law Review

No abstract provided.

Responses To The Ten Questions, Gregory S. Mcneal

William Mitchell Law Review

No abstract provided.

Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate

Journal Publications

or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."

The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an indispensable buffer zone in …

Feeding Humanity, Starving Terror: The Utility Of Aid In A Comprehensive Antiterrorism Financing Strategy, Aloke Chakravarty

Western New England Law Review

No abstract provided.

Potential Terrorist Uses Of Highway-Borne Hazardous Materials, Mti Report 09-03, Brian M. Jenkins, Bruce Robert Butterworth, William T. Poe, Douglas Reeves

Mineta Transportation Institute

The Department of Homeland Security (DHS) has requested that the Mineta Transportation Institutes National Transportation Security Center of Excellence (MTI NTSCOE) provide any research it has or insights it can provide on the security risks created by the highway transportation of hazardous materials. This request was submitted to MTI/NSTC as a National Transportation Security Center of Excellence. In response, MTI/NTSC reviewed and revised research performed in 2007 and 2008 and assembled a small team of terrorism and emergency-response experts, led by Center Director Brian Michael Jenkins, to report on the risks of terrorists using highway shipments of flammable liquids (e.g., …

Lawfare And U.S. National Security, Orde F. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Cyberspace And The “First Battle” In 21st-Century War, Robert A. Miller, Daniel T. Kuehl

Defense Horizons

Wars often start well before main forces engage. In the 19th and early 20th centuries, combat often began when light cavalry units crossed the border. For most of the 20th century, the “first battle” typically involved dawn surprise attacks, usually delivered by air forces.¹ While a few of these attacks were so shattering that they essentially decided the outcome of the struggle or at least dramatically shaped its course—the Israeli air force’s attack at the opening of the June 1967 Six-Day War comes to mind—in most cases the defender had sufficient strategic space—geographic and/or temporal—to recover and eventually redress …

Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter

Human Rights & Human Welfare

Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.

Breaking The Yardstick: The Dangers Of Market-Based Governance, Don J. Deyoung

Defense Horizons

In the middle of the last century, America became a superpower. It happened, in part, because of a well-balanced technological partnership between the Federal Government and commercial sector. After winning a world war against fascism, this public-private alliance went on to cure infectious diseases, create instant global communications, land humans on the Moon, and prevail in a long Cold War against communism. This, and more, was accomplished without bankrupting the Nation’s economy. The partnership’s record of service to the American people and the world has been remarkable.

Social Software And National Security: An Initial ‘Net Assessment’, Mark D. Drapeau, Linton Wells Ii

Defense and Technology Papers

This research paper as an initial net assessment of how social software interacts with government and security in the broadest sense.1 The analysis looks at both sides of what once might have been called a “blue-red” balance to investigate how social software is being used (or could be used) by not only the United States and its allies, but also by adversaries and other counterparties.

National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman

ILSA Journal of International & Comparative Law

In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.

Privilege-Wise And Patent (And Trade-Secret)-Foolish?: How The Courts' Misapplication Of The Military And State Secrets Privilege Violates The Constitution And Endangers National Security, Davida H. Isaacs, Robert M. Farley

Faculty Scholarship

It is every inventor's nightmare: a valuable idea, stolen, with no legal recourse. Yet that is precisely what happened in Lucent v. Crater, where the Federal Circuit permitted the Federal Government to defeat the inventors' claims using the military and state secrets privilege. In light of the recent upsurge in the Government's invocation of this privilege, it is time to scrutinize more carefully courts' highly deferential response to its use. There is little question that the executive branch must be able to invoke the privilege in order to ensure that national security is not imperiled by public disclosure of information. …

National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies

William Mitchell Law Review

No abstract provided.

Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust

William Mitchell Law Review

No abstract provided.

An Overt Turn On Covert Action, Afsheen John Radsan

Faculty Scholarship

Long past the soul-searching of Watergate, very few people question the need for covert action as a part of American foreign policy. The world is so dangerous after 9/11 that it would be irresponsible to suggest that our intelligence agencies should be disbanded or that our government should acknowledge everything it does on the dark side. Today the question is not whether we should engage in covert action at all, but how often and under what circumstances.

Not everything stays secret. Our Nation has been conducting covert action with greater transparency and more congressional participation than during the Cold War. …

Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This article asserts the thesis that customary international law (CIL), even in the absence of any new treaty, already provides a legal regime constraining the testing and use in combat of anti-satellite (ASAT) weapons. This argument, if validated, is important for both legal and public policy considerations: the world (especially, but not only, the United States) has grown increasingly dependent upon satellites for the performance of a wide array of commercial and military functions. At the same time, because of this growing reliance (and hence vulnerability), interest has surged in developing novel systems for attacking a potential enemy’s satellites – …

Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs

GW Law Faculty Publications & Other Works

In 2009, the Journal of the National Security Forum Board of Editors posed ten questions on national security to a group of national-security law experts. Contributors were free to answer as many of the ten questions as they wished. All responses were published in a special issue of the William Mitchell Law Review. I answered the following three questions: 3. What are the lessons from detaining non-U.S. citizens, labeled enemy combatants, at Gitmo? 4. What is left for the Supreme Court to decide after the Boumediene decision? 10. What is the most important issue for American national security?

The SSRN …

No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty

Faculty Scholarship

One of the key hallmarks of a democratic nation is that there are no secret laws. In the post-September 11, 2001 era, the George W. Bush administration relied on national security concerns and the unitary executive theory of presidential power as justifications for maintaining secret legal policies that govern parts of the war on terrorism that affect serious issues of human rights and civil liberties. These legal policies sometimes staked out positions that are at odds with legislation, treaties, and court decisions—but the parameters of the executive branch legal policies were sometimes unknown because of the lack of public disclosure. …

Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone

Case Western Reserve Journal of International Law

No abstract provided.

Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty

Case Western Reserve Journal of International Law

No abstract provided.

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.