National Security Law Commons^™

Judicial Underreach: Tiktok Inc. V. Garland's Implications For National Security And Free Speech, Olivia Sharp

Richmond Journal of Law & Technology

This paper argues that the Supreme Court’s decision in TikTok Inc.v. Garland overlooked a critical opportunity to develop a robust First Amendment framework for evaluating national security threats in the context of modern digital speech. Although the Court upheld the TikTok bill under intermediate scrutiny and framed the legislation as a content-neutral regulation of foreign corporate ownership, it failed to meaningfully engage with the more profound and more complex national security concerns raised by continued foreign control over a central expressive platform. In doing so, the Court not only narrowed its conception of the government’s interest but also left the …

Reconsidering Selective Conscientious Objection, Andrew J. Haile

University of Richmond Law Review

In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …

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

University of Richmond Law Review

No abstract provided.

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams

University of Richmond Law Review

No abstract provided.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill

University of Richmond Law Review

No abstract provided.

"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox

University of Richmond Law Review

No abstract provided.

Keynote Address: The Digital Forevermore, Thomas J. Ridge

University of Richmond Law Review

No abstract provided.

Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque

University of Richmond Law Review

No abstract provided.

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As Critical Infrastructure Under The United States Code, Allaire M. Monticollo

Law Student Publications

In just the past five years, the United States has suffered numerous hacks into important entities and institutions across the country by ill-intentioned actors. Private companies and government agencies alike have felt the negative impacts of security breaches by hackers infiltrating proprietary and protected systems. Even the United States political landscape has proven vulnerable to bad actors in the realm of cyber security. Furthermore, analysts have attributed some of the most recent highly publicized hacks to state-sponsored groups. As cyber security threats and opportunities for foreign hackers to infiltrate critical systems become more prevalent, it is natural to wonder where …

National Security In The Information Age: Are We Heading Toward Big Brother?, William C. Banks, Jake Laperruque, Douglas Cox, Lt. Colonel Jeffrey Addicott, Paul Gill, Douglas A. Ramseur, Thomas J. Ridge

University of Richmond Law Review Symposium

Symposium Welcome: Alexander McDaniel, Symposium Editor, University of Richmond Law Review, and Wendy C. Perdue, Dean of the University of Richmond School of Law. (9:00 a.m. - 9:15 a.m.)

“How Does the Government Collect Data Through Surveillance?” Panel Discussion: William C. Banks, Distinguished Professor of Law at Syracuse University College of Law and Founding Director of the Institute for National Security and Counterterrorism, and Jake Laperruque, Privacy Fellow with The Constitution Project. Professor Paul D. Crane, Associate Professor at the University of Richmond School of Law, served as moderator. (9:15 a.m. - 10:30 a.m.)

“How Does the Government Retain and …

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …

"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch

Law Student Publications

The use of Guantanamo Bay as an extraterritorial detention center intended to house what the United States deems as "unlawful enemy combatants" has been problematic for several reasons. First, the United States government has argued that Guantanamo exists outside of its immediate territorial sovereignty, and therefore the detainees do not have to be afforded any significant procedural and substantive legal protections under the Constitution. Second, it is unclear how and to what extent United States activities in Guantanamo Bay conform to international human rights standards. Significantly, it has been questioned whether or to what extent public international and human rights …

The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov

University of Richmond Law Review

No abstract provided.

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).

Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen

University of Richmond Law Review

This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.

Detaining Suspected Terrorists: Past, Present, And Future, Stephen Vladeck, Benjamin Priester, Tung Yin, Nathan Sales, Kyndra Rotunda, Kristine Huskey

University of Richmond Law Review Symposium

“The Role of the Judiciary and Proposals for Reform,” lecture given by Stephen Vladeck, American University Washington College of Law, and Benjamin Priester, Florida Coastal School of Law.

“Lawfare and the Supreme Court,” lecture given by Tung Yin, University of Iowa College of Law, with commentary by Nathan Sales, George Mason University School of Law.

“Detention for the Search of Laptops - Balancing Security and Privacy,” lecture given by Nathan Sales, George Mason University School of Law, with commentary by Tung Yin, University of Iowa College of Law.

“Guantánamo Bay and Detainee Rights, Past and Future,” lecture given by Kyndra …

The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis

University of Richmond Law Review

No abstract provided.

The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck

University of Richmond Law Review

No abstract provided.

Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda

University of Richmond Law Review

No abstract provided.

Boumediene And Lawfare, Tung Yin

University of Richmond Law Review

No abstract provided.

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.

Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales

University of Richmond Law Review

No abstract provided.

Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.

University of Richmond Law Review

Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.

Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman

University of Richmond Law Review

No abstract provided.

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.