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Articles 31 - 60 of 114
Full-Text Articles in Law
Material Support Laws And Critical Race Theory, Nichole M. Pace
Material Support Laws And Critical Race Theory, Nichole M. Pace
Access*: Interdisciplinary Journal of Student Research and Scholarship
The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …
Toward A Non-Nuclear World: The Npt Regime – Nuclear Disarmament And The Challenge Of A Wmdfz In The Middle East, Sameh Aboul-Enein
Toward A Non-Nuclear World: The Npt Regime – Nuclear Disarmament And The Challenge Of A Wmdfz In The Middle East, Sameh Aboul-Enein
International Journal of Nuclear Security
This paper aims to provide a comprehensive overview of various approaches for nuclear disarmament and nonproliferation with the intention of determining how best to promote a Weapons of Mass Destruction Free Zone in the Middle East (MEWMDFZ). Using a qualitative approach, I investigate historical cases of agreements regarding nonproliferation zones and examine the causes for deadlock through both a perusal of historic successes and failures and a review of relevant literature. Particular focus is given to the failure of the NPT Review Conference of 2015. Furthermore, I discuss the importance of role-play simulations and their indications of the need for …
Warfare As Regulation, Robert Knowles
Warfare As Regulation, Robert Knowles
Washington and Lee Law Review
The United States government’s national security activities, including the use of force, consume more than half of all federal discretionary spending and are carried out by the world’s largest bureaucracy. Yet existing scholarship treats these activities as conduct to be regulated, rather than as forms of regulatory action.
This Article introduces a new paradigm for depicting what agencies involved in national security do. It posits that, like other agencies, the national security bureaucracy is best understood to be engaging in regulatory activity—by targeting, detaining, interrogating, and prosecuting enemies; patrolling the border; and conducting surveillance and covert actions. Also, like other …
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Journal of Digital Forensics, Security and Law
Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …
The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably
The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably
University of Miami International and Comparative Law Review
A quarter century ago, the prospects for federal civil litigation of international human rights violations under the Alien Tort Statute (ATS) seemed bright. With the statute’s modern revival, a decade earlier in Filártiga, foreign nationals, often with no recourse in their own countries, had a forum for judicial vindication of a broad range of wrongs by state officials, multinational corporations, and even, in limited circumstances, foreign states themselves. The Supreme Court’s Kiobel decision in 2013, however, may signal the end of the Filártiga revolution, with Congress’s seeming acquiescence: Congress, after all, could amend the ATS if it disagreed with …
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso
Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso
University of Massachusetts Law Review
As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016, which was …
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Indiana Journal of Global Legal Studies
To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.
Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney
Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney
Indiana Journal of Global Legal Studies
Transnational law both shapes and is shaped by policy decisions of public officials addressing global terrorist threats. These and other interrelated security and human rights concerns challenge executive officials in national governments and international organizations to simultaneously advance the rule of law and pursue other important welfare interests. This Article explores opportunities for transnational executives to improve their work and transnational legal frameworks. It proposes that behavioral insights into decision making and public policy making provide essential lessons for those efforts. The U.S. experience developing new policies to interrogate suspected terrorists following the Al Qaeda attacks of September 2001 provides …
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle
International Law Studies
This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by …
A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw
A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw
University of Miami Race & Social Justice Law Review
No abstract provided.
Cyber!, Andrea M. Matwyshyn
Cyber!, Andrea M. Matwyshyn
BYU Law Review
This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer
Seattle University Law Review
Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws—including HIPAA …
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton
Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton
Pace Intellectual Property, Sports & Entertainment Law Forum
Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …
Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law
Automating Threat Sharing: How Companies Can Best Ensure Liability Protection When Sharing Cyber Threat Information With Other Companies Or Organizations, Ari Schwartz, Sejal C. Shah, Matthew H. Mackenzie, Sheena Thomas, Tara Sugiyama Potashnik, Bri Law
University of Michigan Journal of Law Reform
This Article takes an in-depth look at the evolution of cybersecurity information sharing legislation, leading to the recent passage of the Cybersecurity Information Sharing Act (CISA) and offers insights into how automated information sharing mechanisms and associated requirements implemented pursuant to CISA can be leveraged to help ensure liability protections when engaging in cyber threat information sharing with and amongst other non-federal government entities.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro
Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro
The US Army War College Quarterly: Parameters
No abstract provided.
Waging Financial Warfare: Why And How, David J. Katz
Waging Financial Warfare: Why And How, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Us Air Force Airlift And The Army's Relevance, Robert C. Owen
Us Air Force Airlift And The Army's Relevance, Robert C. Owen
The US Army War College Quarterly: Parameters
No abstract provided.
Destined For War: Can America And China Escape Thucydides's Trap?, James C. Macdougall
Destined For War: Can America And China Escape Thucydides's Trap?, James C. Macdougall
The US Army War College Quarterly: Parameters
No abstract provided.
Beyond Surprise Attack, Lawrence Freedman
Beyond Surprise Attack, Lawrence Freedman
The US Army War College Quarterly: Parameters
No abstract provided.
Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis
Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis
The US Army War College Quarterly: Parameters
No abstract provided.
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
The US Army War College Quarterly: Parameters
No abstract provided.
Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker
Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker
The US Army War College Quarterly: Parameters
No abstract provided.
The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson
The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson
The US Army War College Quarterly: Parameters
No abstract provided.
What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver
What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver
The US Army War College Quarterly: Parameters
No abstract provided.
Employing Military Force In The 21st Century, Michel R. Matheny
Employing Military Force In The 21st Century, Michel R. Matheny
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
International Law Studies
Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …