National Security Law Commons^™

Fall 2016 Cross-Border Data Privacy Issues, Daniel Goldberger, Nick Akerman, Joanna Levin, David Ray

Cardozo Journal of International and Comparative Law

The symposium examines the challenges and complexities of cross-border data transfers, particularly between the EU and the US, highlighting the stringent data protection regulations in the EU, such as the GDPR, and the lack of a comprehensive federal data protection law in the US. It discusses the impact of these legal frameworks on global businesses and the evolving privacy rights in both regions. The analysis underscores the need for robust compliance mechanisms and international cooperation to address the growing concerns surrounding data privacy and security.

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

General Counsel Of The Fbi, James Baker, In Conversation With Professor Mary Derosa On The Fbi And International Justice, Mary B. Derosa

Georgetown Law Faculty Publications and Other Works

Mary DeRosa, Georgetown Law Professor, former Deputy Counsel to President Obama for National Security Affairs, former Legal Advisor to the National Security Council under President Obama, and former Deputy Legal Adviser to the National Security Council in the Clinton Administration, interviewed current General Counsel of the Federal Bureau of Investigation (FBI), James Baker. The two discussed the FBI’s role in international law enforcement and the domestic tension between technological advancement and law enforcement duties.

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question is now at …

The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little

Pace Law Review

The Big Lebowski is a cultural phenomenon that has prompted academic research into the nature of cult cinema, provided fodder for a host of law review quotes, and motivated a tradition of fan festivals and midnight screenings. However, most viewers do not realize that The Big Lebowski also serves as an engaging training tool for military and national security attorneys.

Disguised as an impish play on film noir and hard-boiled detective fiction, The Big Lebowski’s unpretentious treatment of delicate topics contains poignant lessons for military and national security attorneys that include: (1) the risks facing national security attorneys when they …

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …

The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank

International Law Studies

This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …

Cfius In The Age Of Chinese Investment, Patrick Griffin

Fordham Law Review

As China’s economy has developed, its companies, both state-owned and privately held, have moved to expand their operations in the United States to the point where many now seek to invest in—and on occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations regardless of their ownership structure, renders such transactions national security threats. Recent hostility toward Chinese-led inbound investment is not a new trend; Congress has attempted to assert itself into the screening process undertaken by the Committee on Foreign Investment …

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Operational Success, Strategic Failure: Assessing The 2007 Iraq Troop Surge, Charlotte F. Blatt

The US Army War College Quarterly: Parameters

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.

Mission Command In The Australian Army: A Contrast In Detail, Russell W. Glenn

The US Army War College Quarterly: Parameters

No abstract provided.

Legacy Concepts: A Sociology Of Command In Central And Eastern Europe, Thomas-Durell Young

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.

Mission Command 2.0: From An Individualist To A Collective Model, Anthony C. King

The US Army War College Quarterly: Parameters

No abstract provided.

Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein

The US Army War College Quarterly: Parameters

No abstract provided.

Enhancing Resilience In An Operational Unit, Douglas A. Sims Ii, Amy B. Adler

The US Army War College Quarterly: Parameters

No abstract provided.

The French Army At A Crossroads, Rémy Hémez

The US Army War College Quarterly: Parameters

No abstract provided.

Torture And The Human Mind, Larry D. Miller

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters – Full Issue – Spring 2017, Usawc Parameters

The US Army War College Quarterly: Parameters

Mission Command: Strategic Implications – Anthony C. King, Russell W. Glenn, and Thomas-Durell Young. After 15 Years of Conflict – Charlotte F. Blatt, Stanley J. Wiechnik, Ellen "Elle" Klein, Douglas A. Sims II, and Amy B. Adler. Modernization Among US Partners – Ian Langford, and Rémy Hémez. Review Essay – Larry D. Miller. Commentaries and Replies – Conrad C. Crane, Gates Brown, and John. A. Bonin. A Dialogue on Strategy – Gregory D. Miller, Chris Rogers, Francis J. H. Park, William F. Owen, and Jeffrey W. Meiser.

Tracking Democratization: Insights For Planners, Stanley J. Wiechnik

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Australia's Offset And The A2/Ad Strategies, Ian Langford

The US Army War College Quarterly: Parameters

No abstract provided.

On Strategy As Ends, Ways, And Means, Gregory D. Miller, Chris Rogers, Francis J.H. Park, William F. Owen, Jeffry W. Meiser

The US Army War College Quarterly: Parameters

No abstract provided.

Keynote Address: The Digital Forevermore, Thomas J. Ridge

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.

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

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.