National Security Law Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi

Publications

Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the financial assets of Afghanistan’s central bank. These and other efforts to enforce terrorism-related civil judgments are more than just attempts to collect on outstanding damages awards. Rather, they allow …

Securing Patent Law, Charles Duan

Scholarly Articles in Law Reviews & 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 …

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 …

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 …

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.

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; …

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 …

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.

Global Partnership Should Be The Way Forward To Combat Money Laundering, Maame Nyakoa Boateng

Dickinson Law Review (2017-Present)

This Comment compares the major anti-money laundering (“AML”) laws in the United States and Iran. This Comment argues that even though the United States is advanced in its compliance approach, without a partnership with countries that are more vulnerable to money laundering attacks, its AML efforts could prove counter-productive because of the inter-connectedness of our world today. Accordingly, this Comment proposes a global partnership between countries with effective AML legislation and countries with less effective AML legislation to combat this complex crime.

A Sheep In Wolf's Clothing: Assessing The Dangerous, Hidden, And Increasing Defects Of The Iran Nuclear Agreement Review Act, David S. Jonas, Erielle Davidson

Cardozo International & Comparative Law Review

The article critically examines the Iran Nuclear Agreement Review Act (INARA) of 2015, arguing that while it was intended to enhance congressional oversight of the Joint Comprehensive Plan of Action (JCPOA) and other agreements with Iran, INARA falls short of its goals. The analysis reveals that INARA is poorly drafted, lacks teeth, and fails to provide meaningful transparency or checks on executive power, ultimately undermining Congress's role in national security matters.

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

France's Membership In Financial Action Task Force (Fatf) And Financing Of The Paris Terror Attacks In 2015, Sasyabella Febriani

Journal of Strategic and Global Studies

France is one of founding members FATF with other G-7 countries and FATF’s headquarters location. According to FATF and Europol, France is not only known as one of low level risk countries in financing terrorism but also as EU member state with the most terror acts in 2015. This research is attempt to explain why the French counter terrorism financing policy based on FATF standards is not able to prevent the financing terrorism practices of Paris terror attacks in 2015. This research method used qualitative approach and used historical institutionalism approach to see how institutional evolution of FATF, France involvement …

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Table Of Contents

Seattle University Law Review

Table of Contents

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

Law And Liberty On The Moon, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As on Earth, so in outer space . .

Most of those participating in humankind’s venturing into outer space, in particular to the extent of establishing settlements there and thereby providing for a second home for humanity, would hope or even assume that humankind in so doing might be able to avoid the sometimes rather bloody developments that accompanied settlement in far-away territories on Earth. However, at least in the legal area, with a view to its role as providing not only justice and fairness but also predictability and foreseeability, logic dictates that terrestrial laws and experiences of these laws …

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.

Tightwire Of National Interests And Publicity In The Evolved Process Of Democratization And Constitutional Transformation: Lessons From Taiwan, Hsin-Hsuan Lin

Cardozo International & Comparative Law Review

Achieving an optimal balance between government secrecy and democratic accountability has led to long-standing questions in the discussion of contemporary constitutionalism. To address the complex contemporary phenomenon of government secrecy within a democratic society, a more in-depth understanding of its tension with democratic accountability and transparency is essential. This article provides a descriptive overview of Taiwan's legal system, its legal implications in relation to government secrecy, and its normative implications. The article begins with a historical background of Taiwan's legal system, focusing on legal reform as it relates to government secrecy. The article investigates the complex interactions between the administrative, …

A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem, Adina Feder

Cardozo International & Comparative Law Review

The note critiques the expansion of the Committee on Foreign Investment in the United States' (CFIUS) mandate under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), particularly its inclusion of "sensitive personal data" as a factor in national security reviews. This expansion has led to overly broad and vague definitions, resulting in unnecessary restrictions on foreign direct investment (FDI) without adequately addressing legitimate national security concerns. The note argues that data privacy issues should be addressed through separate federal privacy legislation rather than CFIUS, which is ill-suited to handle such matters. It calls for clearer definitions and a …

The “Law Of The Horse” For Outer Space? What “Space Law” Is, And Why It Is Important To Educate Space Lawyers, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When I tell someone that I make a professional living with teaching, researching, and advising on space law, the first reaction all too often is laughter, followed by an only half-joking “So tell me, who owns the Moon then?” Which, by the way, nowadays is an important legal issue indeed. Such a lack of automatic recognition that something like “space law” makes sense ever since humankind entered outer space, however, usually is part of a more fundamental lack of understanding of the importance of space activities for our daily lives, which does not stop growing day by day.

It is …

Italy And The Implementation Of International Space Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction
2. Italy in Space
3. International Space Law and the Main Parameters for Private Space Activities
4. National Space Law in Italy as Addressing Private Space Activities
5. Concluding Remarks

Writing a contribution to the Liber Amicorum for someone who counts among the greatest space lawyers of Italy and indeed of the world, as well as being a long-time friend, is obviously a pleasure and an honour—and what other subject would be more suitable than the particular country that has been his birth ground, home, and point of departure for traveling the world to help the cause of …

The Right To Privacy And Data Protection In Times Of Armed Conflict, Asaf Lubin, Russell Buchan

Books & Book Chapters by Maurer Faculty

Contemporary warfare yields a profound impact on the rights to privacy and data protection. Technological advances in the fields of electronic surveillance, predictive algorithms, big data analytics, user-generated evidence, artificial intelligence, cloud storage, facial recognition, and cryptography are redefining the scope, nature, and contours of military operations. Yet, international humanitarian law offers very few, if any, lex specialis rules for the lawful processing, analysis, dissemination, and retention of personal information. This edited anthology offers a pioneering account of the current and potential future application of digital rights in armed conflict.

In Part I Mary Ellen O’Connell, Tal Mimran and Yuval …

Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight

Theses and Dissertations (Comprehensive)

In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman

University of Miami Inter-American Law Review

To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …