National Security Law Commons^™

The Liberty To Spy, Asaf Lubin

Articles by Maurer Faculty

Many, if not most, international legal scholars share the ominous contention that espionage, as a legal field, is devoid of meaning. For them, any attempt to extrapolate the lex lata corpus of the International Law of Intelligence (ILI), let alone its lex scripta, would inevitably prove to be a failed attempt, as there is simply nothing to extrapolate. The notion that international law is moot as to the question of if, when, and how intelligence is to be collected, analyzed, and promulgated, has been repeated so many times that it has become the prevailing orthodoxy.

This paper offers a new …

United States Department Of Defense Acquisition Of Leading-Edge Information Technology Services And The Impact Of Public Market Research On Efficiency And Effectiveness, Thomas Denning

West Chester University Doctoral Projects

This dissertation examines the acquisition of leading-edge IT services (LEITS), like those associated with cyber, agile software development, and cloud migration. In an effort to build on previous research, the purpose of this dissertation is twofold: to examine how Public Market Research impacts the LEITS acquisition process in the DoD and to discover strengths and value-added components that exist in the current government acquisition process leading to greater efficiency and effectiveness. Through a mixed methods approach, this dissertation provides recommendations for how to conduct the most efficient and effective LEITS acquisitions, striving to maximize a constrained budget, minimize time to …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Has President Trump Committed A War Crime By Pardoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Cyberattacks And The Constitution, Matthew C. Waxman

Faculty Scholarship

Contrary to popular view, cyberattacks alone are rarely exercises of constitutional war powers – and they might never be. They are often instead best understood as exercises of other powers pertaining to nonwar military, foreign affairs, intelligence, and foreign commerce, for example. Although this more fine-grained, fact-specific conception of cyberattacks leaves room for broad executive leeway in some contexts, it also contains a strong constitutional basis for legislative regulation of cyber operations.

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been …

On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …

Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D.

Roger Williams University Law Review

No abstract provided.

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

War Powers: Congress, The President, And The Courts – A Model Casebook Section, Stephen M. Griffin, Matthew C. Waxman

Faculty Scholarship

This model casebook section is concerned with the constitutional law of war powers as developed by the executive and legislative branches, with a limited look at relevant statutes and federal court cases. It is intended for use in Constitutional Law I classes that cover separation of powers. It could also be used for courses in National Security Law or Foreign Relations Law, or for graduate courses in U.S. foreign policy. This is designed to be the reading for one to two classes, and it can supplement or replace standard casebook sections on war powers that are shorter and offer less …

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

Scoping National Space Law: The True Meaning Of “National Activities In Outer Space” Of Article Vi Of The Outer Space Treaty, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Article VI of the Outer Space Treaty, requiring “authorization and continuing supervision” of “national activities in outer space” including those of “nongovernmental entities,” has always been viewed as the primary international obligation driving the establishment of national space legislation for the purpose of addressing private sector space activities. As the Article itself did not provide any further guidance on precisely what categories of “national activities by nongovernmental entities” should thus be subjected to national space law and in particular to a national licensing regime, in academia generally three different interpretations soon came to be put forward on how to interpret …

Space, Cyber, And Telecommunications Law: 2019-2020 Annual Report, Matt Schaefer, Justin Hurwitz, Jack M. Beard, Frans Von Der Dunk, Elsbeth Magilton

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In assembling this Annual Report we appreciated the opportunity to review major accomplishments and growth of the Space, Cyber, and Telecommunications Law (SCTL) program during the 2019-2020 academic year. Of course, this was a year like no other as we responded to an unfolding global pandemic. We are proud of what we accomplished prior to that and of our response in the face of that sudden change. For readers unfamiliar with the program, the SCTL program was established in 2007 largely in response to interest by the U.S. Air Force in establishing a U.S. based program in space law to …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Citizenship Denied: Implications Of The Naturalization Backlog For Noncitizens In The Military, Ming H. Chen

Publications

The immigration system is in crisis. Long lines of asylum seekers at the border and immigrants in the interior spend years waiting for their day in immigration court. This is true in the agencies that process applications for immigration benefits from legal immigrants as well. Since 2016, delays in naturalization have increased to historic proportions. The problem is even worse for military naturalizations, where delays are accompanied by denials and overall declines in military naturalizations. It is the latest front in the battle on legal migration and citizenship.

These impediments to citizenship demonstrate an extreme form of policies collectively dubbed …

National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg

Faculty Scholarship

This article is divided into three sections, and it incorporates original research from the personal correspondences of several judges and justices. This article includes unpublished correspondences from various judicial collections at the Library of Congress, the Bentley Historical Library at the University of Michigan, the Washington and Lee School of Law’s special collections, the Richard Nixon and Ronald Reagan Presidential Libraries, the National Library of Australia in Canberra, and Canada’s National Archives in Ottawa. The first section analyzes the current framework governing judicial disqualification based on the separation of powers doctrine as well as the right to an impartial judiciary, …

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Taking The War Colleges From Good To Great, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Winter 2019 – 2020, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …

The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely

Cardozo International & Comparative Law Review

The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …