National Security Law Commons^™

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they clearly …

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Anti-Access Strategies In The Pacific: The United States And China, Sam J. Tangredi

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Russia's A2/Ad Capabilities: Real And Imagined, Keir Giles, Mathieu Boulegue

The US Army War College Quarterly: Parameters

No abstract provided.

Human Security In The Arctic: Implications For The United States Army, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

Analogical Thinking: The Sine Qua Non For Using History Well, Richard A. Lacquement Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Projecting Stability: A Deployable Nato Police Command, Massimo Pani, Karen J. Finkenbinder

The US Army War College Quarterly: Parameters

No abstract provided.

Reconsidering Sun Tzu, John F. Sullivan

The US Army War College Quarterly: Parameters

No abstract provided.

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin

Immigration and Human Rights Law Review

No abstract provided.

Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay

Arkansas Law Review

“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way we conduct our …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai

Indiana Journal of Global Legal Studies

To elucidate the basic tenet of ONAIL, this paper is structured in the following way.5 The first section defines the nation and the state, as the misuse of these terms and related concepts has gravely obscured, distorted, and misrepresented the identity, role of law, geography, history, and reasons and causes behind conflicts and wars, regional struggles, refugee flows, genocide, human rights violations, and rapidlydegrading condition of natural environment and ecosystems. Terms such as the state, nation, and nation-state have been used interchangeably, despite the fact that their origins, geographies, histories, and relations to the role of law are quite distinct. …

United States Antiterror Law Is Missing The Mark: Changing The Material Support Statute To Hit The Target, Tessa Beryl Tilton

William & Mary Law Review

No abstract provided.

When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman

Pepperdine Law Review

In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in supporting terrorism, …

The Ironic Privacy Act, Margaret Hu

Scholarly Articles

This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way that inverts its intent. Specifically, pursuant to the Privacy Act's reporting requirements, in September 2017, the U.S. Department of Homeland Security (DHS) notified the public that record systems would be modified to encompass the collection of social media data. The notification justified the collection of social media data as a part of national security screening and immigration vetting procedures. However, the collection will encompass social media data on both citizens and noncitizens, and was not explicitly …

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

“Border”Line Outrageous: How Riley Has Set The Circuits At War Over Border Search Exception, 53 Uic J. Marshall L. Rev. 1057 (2019), Elizabeth Toft

UIC Law Review

No abstract provided.

Reframing Radical Religion, Vanita Saleema Snow

Journal Articles

Like a thief in the night,1 politicians have stolen religion for their deceptive vices, using the term “radicalization” or “terrorism” to meet their needs.2 See Sahar F. Aziz, Caught in a Preventive Dragnet: Selective Counterterrorism in a Post-9/11 America, 47 GONZ. L. REV. 429, 481 (2012) (discussing how a police report equates “Muslim religiosity with radicalization toward terrorism”); David A. Bosworth, American Crusade: The Religious Roots of the War on Terror, 7 BARRY L. REV. 65, 65 (2006) (noting that American news and popular culture often portray religious people as “narrow-minded bigots out to destroy everything good and decent”); Ned …

How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez

Catholic University Journal of Law and Technology

This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …

The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara

Catholic University Journal of Law and Technology

As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.

Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …

Quieting The Court: Lessons From The Muslim-Ban Case, Avidan Cover

Faculty Publications

The Supreme Court’s Muslim-ban decision in Trump v. Hawaii and the confirmation of Brett Kavanaugh to the Supreme Court call into question the civil rights litigation enterprise insofar as it challenges U.S. government’s national security and immigration policies. Litigants and advocacy organizations should employ an array of strategies and tactics to avoid the Court’s rulings that almost uniformly defer to, and thus validate, the government’s national security and immigration practices.

This article maintains that The Muslim-Ban Case was a predictable outgrowth of the Supreme Court’s national security-immigration jurisprudence that champions executive power at the expense of marginalized groups, in particular …

The Trump Administration And The International Criminal Court: A Misguided New Policy, Milena Sterio

Law Faculty Articles and Essays

In a recent speech, National Security Advisor John Bolton delivered remarks on "Protecting American Constitutionalism and Sovereignty from International Threats." In his remarks, Bolton announced a new American policy vis-a-vis the International Criminal Court (ICC or Court). According to Bolton, the ICC "has been ineffective, unaccountable, and indeed, outright dangerous." While Bolton and others in the Trump Administration are at liberty to craft new policies, it is important that such policies be based on accurate facts and an accurate understanding of the law.

This Article highlights factual errors from Bolton's remarks and criticizes some of his arguments as misguided and …

Talking Foreign Policy: North Korea Summit, Milena Sterio, Shannon French, Tim Webster, Paul R. Williams, Michael P. Scharf

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by the Dean of Case Western Reserve University School of Law, Michael Scharf, in which experts discuss important foreign policy issues.The purpose of the radio show is to cover some of the most salient foreign policy topics and discuss them in a way that can make it easier for listeners to grasp.

Talking Foreign Policy is recorded in the WCPN 90.3 Ideastream studio, Cleveland's NPR affiliate. Michael Scharf is joined each session with a few expert colleagues known for their ability to discuss complex topics in an easy-to-digest manner:

• The ethicist: …

A Statutory National Security President, Amy L. Stein

UF Law Faculty Publications

Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on the proper degree of deference that courts should provide to the President interpreting statutory provisions, with little confidence in the utility and efficacy of statutory constraints.

This Article counters this narrative by arguing that a key to achieving this balance may lie in such constraints. Instead …

The Climate Crisis Is A Human Security, Not A National Security, Issue, Maryam Jamshidi

UF Law Faculty Publications

Climate change is one of the first times, in recent memory, where public debate about treating an issue as a matter of “national security” has occurred. Many, including members of the grassroots climate change movement, have called for climate change to be treated as a national security issue. While there are a host of good reasons for treating the climate crisis as a security concern, there are equally good reasons to worry about applying the national security label to climate change, which have largely been absent from public debate. For the first time in the legal literature, this Article articulates …

The Regulation Of Space Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space tourism has to be regulated as a subset of private spaceflight activities, whereby humans are sent to outer space in a fundamentally private context. In addition to space law, air law would be relevant for addressing private spaceflight, but neither regime has at the international level regulated relevant activities to any appreciable extent. They provide little more than a set of guiding overarching principles. Much of the onus of future regulation will fall on the shoulders of individual states, most notably the United States. In the more distant future, this may result in a special international regime, using elements …

Legal Challenges In The Context Of The European Space Policy, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction

If institutionalism is about the extent to which institutions influence the political and legal realms, and (political) neoinstitutionalism in that respect stresses the extent to which decisions by political actors are framed by institutions, European space policy would present a very interesting example thereof.

It should be noted, however, that this contribution addresses the issue of European space policy from a predominantly legal vantage point, not that of political science, meaning that even such concepts as “policy” and “institution” are first and foremost being discussed in their legal connotation and context, read from the perspective of a lawyer. Such …