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2022

National Security Law

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Full-Text Articles in Law

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek Dec 2022

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek

Brooklyn Journal of International Law

For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …


Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan Dec 2022

Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan

International Law Studies

The People’s Republic of China has clearly stated the importance of resolving the Taiwan question and realizing China’s complete “reunification” to end their century of humiliation. As China grows as the most significant strategic competitor to the United States and develops the military capability to force the issue, understanding what legal authorities the President may exercise in ordering a response is increasingly urgent. This article reviews the legal authorities for the use of force by the United States and examines the contours of the President’s authorities and where they intersect with Congress’s authorities. Through various hypothetical scenarios involving attempts by …


From The Acting Editor In Chief, Conrad C. Crane Nov 2022

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.


Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster Nov 2022

Why Do Senior Officers Sometimes Fail In Character? The Leaky Character Reservoir, Everett S.P. Spain, Katie E. Matthew, Andrew L. Hagemaster

The US Army War College Quarterly: Parameters

This article argues senior officers may fail in character because their rate of character development throughout their careers typically decreases as environmental stressors rise. It conceptualizes character as an open system with both gains and leaks over time and integrates existing scholarship on personality and ethical development to create the Leaky Character Reservoir framework, which it then applies to Army officers’ careers. Military leaders will gain a new understanding of character and find specific actions officers, units, and the US Army can undertake to strengthen the character of its senior officers.


Parameters Winter Issue 2022-23, Usawc Press Nov 2022

Parameters Winter Issue 2022-23, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Imperialism In The Making Of U.S. Law, Nina Farnia Nov 2022

Imperialism In The Making Of U.S. Law, Nina Farnia

St. John's Law Review

(Excerpt)

This Article proceeds in two parts. In Part I, “U.S. Foreign Policy as Racial Policy,” I identify the four key policy pillars of U.S. imperialism: militarism, unilateral coercive measures, foreign aid, and the deployment of the dollar. I then pivot to a brief history of U.S. imperialism in the Middle East, highlighting the geographic and racial specificities that influence the ideological and legal contours of U.S. imperialism. I end this section with an analysis of The Public Report of the Vice President’s Task Force on Combatting Terrorism (1985), which was a defining document in the making of anti-terrorism law …


Trump V. Tiktok, Anupam Chander Nov 2022

Trump V. Tiktok, Anupam Chander

Vanderbilt Journal of Transnational Law

How did a Chinese big tech company beat the president of the United States? When then-President Donald Trump sought to ban TikTok, ostensibly because of its Chinese roots, US courts came to TikTok's rescue. Rather than deferring to the president's claims of a national security emergency justifying the ban, courts held that the president lacked statutory authority to ban TikTok. This Article chronicles the Trump administration's attempt to either ban TikTok or to compel its sale to a "very American" company, preferably one led by a political ally. The TikTok affair thus demonstrates what Harold Koh calls the National Security …


Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling Oct 2022

Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling

BYU Law Review

No abstract provided.


Balancing Liberty And Security: A Proposal For Amplified Procedural Due Process Protections In The U.S. Sanctions Regime, Allison Lofgren Oct 2022

Balancing Liberty And Security: A Proposal For Amplified Procedural Due Process Protections In The U.S. Sanctions Regime, Allison Lofgren

William & Mary Bill of Rights Journal

This Note will concentrate on procedural due process concerns stemming from the imposition of terrorist financing sanctions, and it will primarily discuss designated U.S. persons. This is a narrow focus, but it can be viewed as a microcosm for due process issues present throughout the broader IEEPA [International Emergency Economic Powers Act] regime. Ultimately, this Note will conclude that OFAC [Office of Foreign Assets Control]'s terrorist financing designation process inadequately protects the procedural due process rights of targets, and it will advocate for the implementation of additional procedural protections that balance undeniable constitutional requirements with the critical concern of national …


Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz Sep 2022

Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz

Journal of Civil Rights and Economic Development

(Excerpt)

January 6, 2021. A day that “will live forever in infamy.” That day marked the first breach of the United States Capitol Building since 1814—and the second breach ever in American history (the first was during the War of 1812). Five people lost their lives that day and many more were injured in an unprecedented attack on American democracy. Yet, social media records show that “there were no surprises” as to what insurrectionists did on that infamous day.

The plan to “storm the Capitol” began on less-trafficked social media sites, the “darker or more-obscure corners of the internet,” including …


Intelligence Collection And The International Law Of The Sea, James Kraska Sep 2022

Intelligence Collection And The International Law Of The Sea, James Kraska

International Law Studies

This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …


Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii Aug 2022

Deconstructing The Collapse Of Afghanistan National Security And Defense Forces, Thomas F. Lynch Iii

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Autumn 2022, Usawc Press Aug 2022

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Why America’S Army Can’T Win America’S Wars, John A. Nagl Aug 2022

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …


Book Reviews, Usawc Press Aug 2022

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Professionalizing Special Operations Forces, C. Anthony Pfaff Aug 2022

Professionalizing Special Operations Forces, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor In Chief, Antulio J. Echevarria Ii Aug 2022

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold Aug 2022

Assessing The Army’S Cyber Force Structure, John Fernandes, Nicolas Starck, Richard Shmel, Charles Suslowicz, Jan Kallberg, Todd Arnold

The US Army War College Quarterly: Parameters

No abstract provided.


The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr Aug 2022

The Cuban Missile Crisis: Miscalculation, Nuclear Risks, And The Human Dimension, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.


National Security Law, Geoffrey M. Goodale, Lucille Hague, Matthew O'Hare, Jonathan M. Meyer, Mario Mancuso, Guy C. Quinlan, Sergio L. Suarez, Loren Voss Aug 2022

National Security Law, Geoffrey M. Goodale, Lucille Hague, Matthew O'Hare, Jonathan M. Meyer, Mario Mancuso, Guy C. Quinlan, Sergio L. Suarez, Loren Voss

The Year in Review

No abstract provided.


Sino-Russian Relations And The War In Ukraine, Zenel Garcia, Kevin D. Modlin Jul 2022

Sino-Russian Relations And The War In Ukraine, Zenel Garcia, Kevin D. Modlin

The US Army War College Quarterly: Parameters

Claims that China has taken “Russia’s side” in the Ukrainian War oversimplify Sino-Russian relations. We contend Sino-Russian relations are a narrow partnership centered on accelerating the emergence of a multipolar order to reduce American hegemony and illustrate this point by tracing the discursive and empirical foundations of the relationship using primary and secondary materials. Furthermore, we highlight how the war has created challenges and opportunities for China’s other strategic interests, some at the expense of the United States or Russia.


Srad Director's Corner: Understanding North Korea And The Key To Security In East Asia, George Shatzer Jul 2022

Srad Director's Corner: Understanding North Korea And The Key To Security In East Asia, George Shatzer

The US Army War College Quarterly: Parameters

In the third installment of the SRAD Director’s Corner, Colonel George Shatzer focuses on North Korea and the Kim family regime. He reviews Becoming Kim Jong Un: A Former CIA Officer’s Insights into North Korea’s Enigmatic Young Dictator by Jung H. Pak and Rationality in the North Korean Regime: Understanding the Kims’ Strategy of Provocation by David W. Shin and shows how these books might help readers better understand North Korea’s leader Kim Jong-Un and the implications of his actions for US foreign and military policy in the region. The books also provide insights for strategists attempting to plan for …


Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas Jun 2022

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …


Fighting Global Surveillance: Lessons From The American Muslim Community, Danna Z. Elmasry Jun 2022

Fighting Global Surveillance: Lessons From The American Muslim Community, Danna Z. Elmasry

University of Michigan Journal of Law Reform

The United States government has been spying on its citizens through a massive surveillance infrastructure that is unrestricted to a particular target or suspicion of wrongdoing. The statutory and regulatory authorities responsible for this infrastructure are sprawling and often secret. Built-in limitations and oversight mechanisms are riddled with loopholes or inaccessible due to exceedingly high thresholds. Litigation challenges to surveillance overreach often fail at standing. Under the current doctrine, plaintiffs must show that their own communications have been surveilled by a specific surveillance program. This Note contributes to surveillance reform by proposing a private right of action that sets the …


Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput May 2022

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …


Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii May 2022

Dna Dystopia: How The National Security Apparatus Could Map The Entire Genome Of America Without Violating The Fourth Amendment Or The Constitutional Right To Privacy, Elias Rios Iii

Brooklyn Law Review

Over the past decade, scientific advances have allowed genetic testing to become accessible to consumers. Direct-to-consumer (DTC) DNA testing companies can analyze your DNA sample so you can learn about your family’s origins or whether you are genetically predisposed to a specific disease or disorder. Consumers can then send these analyzed files to third-party databases that aggregate genetic data for specific purposes, like helping law enforcement solve cold cases. Recently, the Department of Defense alerted servicemembers that DTC DNA tests were a national security threat. Simply put, when the national security apparatus finds a threat, it proactively seeks to neutralize …


National Security Law, Beau D. Barnes, Geoffrey M. Goodale, Todd E. Mcdowell, Jonathan M. Meyer, John Mohyi, Joseph D. Prestia, Guy C. Quinlan, Christopher Stagg, Christopher Vallandingham May 2022

National Security Law, Beau D. Barnes, Geoffrey M. Goodale, Todd E. Mcdowell, Jonathan M. Meyer, John Mohyi, Joseph D. Prestia, Guy C. Quinlan, Christopher Stagg, Christopher Vallandingham

The Year in Review

No abstract provided.


Parameters Summer 2022, Usawc Press May 2022

Parameters Summer 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson May 2022

Dysfunctional Warfare: The Russian Invasion Of Ukraine, Rob Johnson

The US Army War College Quarterly: Parameters

Russia’s invasion of Ukraine was based on false premises, faulty assumptions, and a weak strategy. As the conflict has unfolded, heavy losses have imposed a strain on available Russian manpower. The Russian army reached a culminating point outside Kyiv and has exhibited little sign of operational learning. By contrast, Ukrainians have fought an existential war, making good use of dispersed light infantry tactics with high motivation levels. Western support has allowed them to compensate for their deficiencies in armaments and munitions. This commentary also shows military and policy leaders how the political context continues to impose limitations on the Ukrainians.


From The Editor In Chief, Antulio J. Echevarria Ii May 2022

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.