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National Security Law Commons™

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2015

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Articles 61 - 90 of 219

Full-Text Articles in National Security Law

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti Jul 2015

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.


Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino Jul 2015

Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino

Akron Law Review

It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …


Student Writing Competition Jul 2015

Student Writing Competition

International Journal of Nuclear Security

No abstract provided.


Cover Jul 2015

Cover

International Journal of Nuclear Security

No abstract provided.


Masthead Jul 2015

Masthead

International Journal of Nuclear Security

No abstract provided.


From The Editor Jul 2015

From The Editor

International Journal of Nuclear Security

No abstract provided.


Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu Jul 2015

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …


Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes Jul 2015

Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes

Pepperdine Law Review

No abstract provided.


The Future As A Concept In National Security Law, Mary L. Dudziak Jul 2015

The Future As A Concept In National Security Law, Mary L. Dudziak

Pepperdine Law Review

With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …


International Humanitarian Law Divergence, Lesley Wexler Jul 2015

International Humanitarian Law Divergence, Lesley Wexler

Pepperdine Law Review

How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …


Standing And Covert Surveillance, Christopher Slobogin Jul 2015

Standing And Covert Surveillance, Christopher Slobogin

Pepperdine Law Review

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …


The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply Jul 2015

The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply

Pepperdine Law Review

This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …


War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn Jul 2015

War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn

Pepperdine Law Review

Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …


Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham Jul 2015

Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham

Pepperdine Law Review

What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …


Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner Jul 2015

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …


Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini Jul 2015

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …


Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski Jul 2015

Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Masthead Jul 2015

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Front Matter And Table Of Contents Jul 2015

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia Jul 2015

A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller Jul 2015

Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky Jul 2015

Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen Jul 2015

Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith Jul 2015

Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala Jul 2015

Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism, Nawi Ukabiala

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala Jul 2015

Autocatalytic Regime Theory And Unsc Spawned Cooperative Counterterrorism Part Ii: Addressing The Apprehension, Nawi Ukabiala

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Of Foreign Fevers, Shot, And Shell: Constitutional Rights Of Media Access To The Battlefield After Flynt V. Rumsfeld, Thomas Terry Jul 2015

Of Foreign Fevers, Shot, And Shell: Constitutional Rights Of Media Access To The Battlefield After Flynt V. Rumsfeld, Thomas Terry

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


War Tourism: A Growth Industry, Jeremy Gale Jul 2015

War Tourism: A Growth Industry, Jeremy Gale

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals, Andrew R. Schindler Jul 2015

Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals, Andrew R. Schindler

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax, Brooke Michel Elliott Jul 2015

Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax, Brooke Michel Elliott

University of Miami National Security & Armed Conflict Law Review

No abstract provided.