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Articles 1 - 9 of 9
Full-Text Articles in Law
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
American University Law Review
In the wake of the United States Supreme Court’s devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart
Joint PIJIP/TLS Research Paper Series
No abstract provided.
The Case For Presumptions Of Evil: How The E.O. 13873 'Trump' Card Could Secure American Networks From Third-Party Code Threats, Caroline Elyse Burks
The Case For Presumptions Of Evil: How The E.O. 13873 'Trump' Card Could Secure American Networks From Third-Party Code Threats, Caroline Elyse Burks
American University National Security Law Brief
No abstract provided.
Private Military Contractors: The Armed Forces Absent From The War Powers Resolution, Mckinney Voss Wheeler
Private Military Contractors: The Armed Forces Absent From The War Powers Resolution, Mckinney Voss Wheeler
American University National Security Law Brief
Private military contractors (PMCs) are increasingly ubiquitous in international conflicts, providing security, transport services, and even fighting alongside commissioned troops in battle. Yet for the United States, the ambiguity surrounding PMCs’ role in war presents a serious threat to the constitutional balance of war powers. The Founding Fathers deliberately divided those powers between the executive and legislative branches, aware of the dangers of concentrating them too heavily; and Congress further clarified protocol with the War Powers Resolution in 1973. But the War Powers Resolution, which requires the President to notify Congress when engaging "U.S. Armed Forces" in battle, omits any …
Equal Prosecution For All: Violent Extremism At The Intersection Of Hate Crime And Terrorism, Gabrielle Leeman
Equal Prosecution For All: Violent Extremism At The Intersection Of Hate Crime And Terrorism, Gabrielle Leeman
American University National Security Law Brief
After a white supremacist used his vehicle as a weapon to purposefully attack anti-racism protestors in Charlottesville, Virginia in 2017, federal officials called the incident domestic terrorism. The incident, in fact, met the definition of domestic terrorism. But the perpetrator was not prosecuted under any of the available terrorism statutes. The defendant was instead charged with, and later pled guilty to, committing hate crimes. It is imperative that we recognize all forms of terrorism as terrorism and use the legal system fairly to prosecute all terrorist attacks as terrorism. But the current terrorism statutory framework hinders the ability to prosecute …
The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck
The Espionage Act And National Security Whistleblowing After Garcetti, Stephen I. Vladeck
American University Law Review
Should government employees ever have a right to disseminate classified national security information to the public? As a general matter, of course, the answer is "no." It is necessarily tautological that the central purpose of classifying information is to keep that information secret. But what if the information pertains to what we might describe as "unlawful secrets," and the individual in question has exhausted all possible non-public remedies - and to no avail? Are there any circumstances in which the law enables the government employee to come forward? Should there be? As this Essay suggests, because of the broad language …
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
American University Law Review
No abstract provided.
The State Secrets Privilege And Separation Of Powers, Amanda Frost
The State Secrets Privilege And Separation Of Powers, Amanda Frost
Articles in Law Reviews & Other Academic Journals
Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …