National Security Law Commons^™

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

Journal Articles

Courts have started to recognize standing to sue for those on the government’s No Fly List, which bars listed individuals from flying. This salutary step, however, leaves untouched the complex watch list infrastructure on which the No Fly List is built and whose flaws it inherits. Lower-profile watch lists have fewer determinate consequences on listed individuals than the No Fly List does. But, this article argues, they exact substantial costs.

This article first explains why the incentive structure of terrorist watch lists encourages government agencies to list more people than necessary and not to check their work. It then demonstrates …

Energy, U.S. Department Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.

Oil Industry, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

The Constitutional And Counterterrorism Implications Of Targeted Killing : Hearing Before The S. Judiciary Subcomm. On The Constitution, Civil Rights, And Human Rights, 113th Cong., April 23, 2013 (Statement By Professor Rosa Brooks, Geo. U. L. Center), Rosa Brooks

Testimony Before Congress

Mr. Chairman, the mere mention of drones tends to arouse strong emotional reactions on both sides of the political spectrum, and last week's tragic events in Boston have raised the temperature still further. Some demonize drones, denouncing them for causing civilian deaths or enabling long-distance, "video game-like" killing, even as they ignore the fact that the same (or worse) could equally be said of many other weapons delivery systems. Others glorify drones, viewing them as a low- or no-cost way to "take out terrorists" wherever they may be found, with little regard for broader questions of strategy or the rule …

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Islamic History & Al-Qaeda: A Primer To Understanding The Rise Of Islamist Movements In The Modern World, Andrew M. Bennett

Pace International Law Review Online Companion

A decade following the 9/11 attacks, the objectives and motivations of Osama Bin Laden and Al-Qaeda remain largely unknown to the American public. Since the mission of Al-Qaeda is embedded in its interpretation of the history and traditions of Islam, increased analysis on the intellectual framework of Al-Qaeda provides valuable insight into this dangerous ideology that will remain a strategic threat to the United States for the foreseeable future. While more recent successes against the Al-Qaeda organization have encouraged talk of “the end of Al-Qaeda,” the broader ideology remains alive and well. The rise in support for the Islamist groups …

The Fight To Frame Privacy, Woodrow Hartzog

Michigan Law Review

In his important new book, Nothing to Hide: The False Tradeoff Between Privacy and Security, Daniel Solove argues that if we continue to view privacy and security as diametrically opposed to each other, privacy will always lose. Solove argues that the predetermined abandonment of privacy in security-related disputes means that the structure of the privacy-security debate is inherently flawed. Solove understands that privacy is far too vital to our freedom and democracy to accept its inevitable demise. The central thesis of this Review is that Solove's polemic is a strong and desperately needed collection of frames that counterbalances the "nothing …

Shearson V. United States Department Of Homeland Security: The Sixth Circuit Exempts National Security From The Privacy Act, Douglas A. Behrens

Legislation and Policy Brief

“ARMED AND DANGEROUS.” Imagine those words flashing on a Customs and Border Protection (“CBP”) agent’s computer screen as you attempt to reenter your country of birth from a relaxing vacation. Reacting to the computerized warning, the CBP agents detain and question you for several hours before you are released from custody—without an explanation—and allowed to continue on your trip home as if nothing had happened.

This hypothetical scenario became very real for Julia Shearson and her four-year old daughter in January 2006, and marked the beginning of her quest for answers. Why was she flagged as “ARMED AND DANGEROUS?” What …

The Constitution And National Security, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Rethinking The Utility Of Nuclear Weapons, Ward Wilson

The US Army War College Quarterly: Parameters

No abstract provided.

Drone Wars: Risks And Warnings, Alan W. Dowd

The US Army War College Quarterly: Parameters

No abstract provided.

American Landpower And Modern Us Generalship, David G. Fivecoat

The US Army War College Quarterly: Parameters

No abstract provided.

"The Strange Voyage": A Short Précis On Strategy, Richard D. Hooker

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Spring 2013, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Drones Over Yemen: Weighing Military Benefits And Political Costs, W. Andrew Terrill

The US Army War College Quarterly: Parameters

No abstract provided.

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Drones: Legitimacy And Anti-Americanism, Greg Kennedy

The US Army War College Quarterly: Parameters

No abstract provided.

Drones: What Are They Good For?, Jacquiline L. Hazelton

The US Army War College Quarterly: Parameters

No abstract provided.

Recalibrating American Grand Strategy: Softening Us Policies Toward Iran In Order To Contain China, Samir Tata

The US Army War College Quarterly: Parameters

No abstract provided.

Reaffirming The Utility Of Nuclear Weapons, Bradley A. Thayer, Thomas M. Skypek

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Espionage: Anything Goes?, Karen Jennings

Pepperdine Law Review

No abstract provided.

On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman

Law Faculty Publications

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States …

A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron

Faculty Scholarship

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.

Book Reviews: Time Out Of Joint, Kenneth Anderson

Book Reviews

(reviewing War Time: An Idea, Its History, Its Consequences by Mary L. Dudziak) American University, WCL Research Paper No. 2013-10 Abstract: The meaning of time in war is the topic of legal historian Mary L. Dudziak's 2012 book. This extended review essay (30 pp) considers both on its own terms of cultural criticism, and then from the standpoint of rationalist and realist critics. The book's overall cultural claim is that time in war is its own category and has effects and meaning in war independent of the considerations of security, liberty, and necessity in war that are often thought to …