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Articles 1 - 24 of 24
Full-Text Articles in Law
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege, Alana Mattei
Privilege In Peril: U.S. V. Zubaydah And The State Secrets Privilege, Alana Mattei
Duke Journal of Constitutional Law & Public Policy Sidebar
U.S. v. Zubaydah presents an opportunity for the Court to settle the scope of the state secrets privilege and the role of the judiciary when the government invokes a claim of privilege. The state secrets privilege, invoked by the executive, gives courts the power to prevent the disclosure of information that could pose a threat to national security by excluding the particular evidence or dismissing the case. The Court will decide whether the Ninth Circuit erred by rejecting the Government’s assertion of the state secrets privilege over the depositions of former CIA contractors requested by Abu Zubaydah. The Ninth Circuit …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
All Faculty Scholarship
What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the …
Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist
Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist
University of Richmond Law Review
No abstract provided.
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
University of Richmond Law Review
No abstract provided.
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
Since shortly after 9/11, weaponized drones have be-come part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …
An Interview With David H.Petraeus, General (Usa Retired), Usawc Press
An Interview With David H.Petraeus, General (Usa Retired), Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner
Nevada Law Journal
No abstract provided.
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Georgia Journal of International & Comparative Law
No abstract provided.
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
International Law Studies
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr.
Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr.
Oklahoma Law Review
No abstract provided.
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Faculty Scholarship
The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.
First, a prosecutor’s discovery obligations should apply to the intelligence community only …
Combatants And The Combat Zone, Mary Ellen O'Connell
Combatants And The Combat Zone, Mary Ellen O'Connell
University of Richmond Law Review
No abstract provided.
An Overt Turn On Covert Action, Afsheen John Radsan
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. …
Change Versus Continuity At Obama’S Cia, Afsheen John Radsan
Change Versus Continuity At Obama’S Cia, Afsheen John Radsan
Faculty Scholarship
Sweeping change is necessary at the Central Intelligence Agency (CIA). During President Barack Obama‘s transition into office, change should go deeper than usual between administrations. To restore the trust of the American people and to regain the confidence of the international community, the CIA needs to do better. I will outline three areas for legislative change relating to my former employer, the CIA. The first proposal is to have a national security court for the trials of terrorists. The second is to permit the CIA to continue to have an exception to pursue aggressive interrogations with a lot of oversight …
Deep Secrecy, David E. Pozen
Deep Secrecy, David E. Pozen
Faculty Scholarship
This Article offers a new way of thinking and talking about government secrecy. In the vast literature on the topic, little attention has been paid to the structure of government secrets, as distinct from their substance or function. Yet these secrets differ systematically depending on how many people know of their existence, what sorts of people know, how much they know, and how soon they know. When a small group of similarly situated officials conceals from outsiders the fact that it is concealing something, the result is a deep secret. When members of the general public understand they are being …
National Security, The Law, The Meda: Shaping Public Perceptions, Linda Robinson
National Security, The Law, The Meda: Shaping Public Perceptions, Linda Robinson
International Law Studies
No abstract provided.
Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells
Cia V. Sims: Mosaic Theory And Government Attitude, Christina E. Wells
Faculty Publications
In CIA v. Sims, the United States Supreme Court held that the CIA could withhold information about controversial government-sponsored psychological experiments in response to Freedom of Information Act (FOIA) requests. The Court reasoned that the requested information would reveal intelligence sources related to national defense, which were specifically protected from disclosure under the National Security Act of 1947. Accordingly, the Court concluded that the CIA could refuse to disclose the information under FOIA Exemption 3, which allows withholding of information “specifically exempted from disclosure by statute.” Numerous scholars assailed Sims, arguing that the Court's broad reading of the National Security …
Trends. Cognitive Dissonance And Conflation Of Patriotism And Political Advocacy: On The Secrecy Of The Intelligence Budget, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the views of the Federation of American Scientists (FAS) regarding the budgeting practices of the U.S. Central Intelligence Agency (CIA).
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.
Faculty Scholarship
Collectively we face no greater challenge than maintaining sensible perspectives on national security issues. Central to this task is the need to achieve a tolerable balance between secrecy and openness in public debate on such issues. There are real threats to our nation, and we would be foolish to ignore them; history teaches that no culture is guaranteed survival. Yet, how to respond to such threats must be profoundly controversial. The virtue of liberal society is that it values highly the realization of private preferences; the sacrifice of those desires to attain another's vision of collective security will never be …