National Security Law Commons^™

Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

No abstract provided.

A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc

West Virginia Law Review

No abstract provided.

Responses To The Five Questions, Steven Metz

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, A. Mark Weisburd

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Jody M. Prescott

William Mitchell Law Review

No abstract provided.

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey

West Virginia Law Review

No abstract provided.

Responses To The Five Questions, John Hursh

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Charles J. Dunlop Jr.

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Norman Abrams

William Mitchell Law Review

No abstract provided.

Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen

William Mitchell Law Review

No abstract provided.

Identification Requirements And Policy In Alternative Remittance : A Measure Of Legislative Adherence, Timothy J. Smith

Theses : Honours

Money laundering is a persistent threat to the economic viability of every nation. However the intent behind this behaviour does not always converge with the criminality of the act. A study of 395 international university students in Australia demonstrated a prominent cultural and regional norm in South Asia to use untraceable ‘informal’ remittance systems. Under Australian legislation, the use of a non-compliant alternative or informal value transfer system (IVTS) is an act that predicates the laundering of money regardless of intent. Yet in line with a clear cultural proclivity and trust in money transfer businesses, it is evident that many …

The Self-Judging Wto Security Exception, Roger P. Alford

Journal Articles

This Article analyzes the WTO security exception, with a particular focus on State practice. In the absence of any GATT or WTO jurisprudence, State practice affords the best vehicle to understand the meaning of Article XXI. In the few instances when invocation of the security exception has been challenged, State practice suggests that the security exception is not judicially reviewable.

A critical question emerges from this analysis of State practice. If a Member State can avoid WTO obligations through a self-judging security exception, what is to prevent bad faith invocations? The WTO regime includes a number of devices to address …

The Extraordinary Mrs. Shipley: How The United States Controlled International Travel Before The Age Of Terrorism, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Terrorist watchlists used to restrict travel into and out of the United States owe their conceptual origins to Mrs. Ruth B. Shipley, the Chief of the State Department’s Passport Division from 1928 to 1955. Mrs. Shipley was one of the most powerful people in the federal government for almost thirty years, but she is virtually unknown today. She had the unreviewable discretion to determine who could leave the United States, for how long, and under what conditions.

This article examines how Mrs. Shipley exercised her power through a detailed study of original documents obtained from the National Archives. It then …

Restricted Access To Justice For Canadians Mistreated Abroad: Abdelrazik V. Canada (Re: Interim Costs), Sean Rehaag

All Papers

Abousfian Abdelrazik is a Canadian citizen who, after having his name added to various anti-terrorism lists, and after being tortured by Sudanese officials, found himself unable to return home from Sudan largely because of Canadian government actions. Abdelrazik sought to challenge the constitutionality of these restrictions on his ability to return to Canada. However, he had no money and no means of support, as he was unable to leave a Canadian embassy in Sudan where he had sought refuge to avoid further torture by Sudanese officials. He therefore brought a motion for interim costs in Canada’s Federal Court. If granted, …

Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson

William & Mary Environmental Law and Policy Review

No abstract provided.

Terrorist Detention: Directions For Reform, Benjamin Priester

Journal Publications

Counterterrorism efforts by the U.S. government since 2001 have produced numerous legal controversies. One of the most controversial subjects has been the detention of individuals allegedly involved with terrorist organizations or activities. Unlike traditional criminal detainees, such persons are not held pursuant to indictment on charges pending trial or to a verdict of conviction. Unlike traditional military detainees, they are not battlefield captives from combat in a war zone against the military forces of another nation. Rather, terrorist detainees are held based on the individual's alleged connections to terrorist organizations and activities, without more. Terrorist detention, so defined, is an …

Submarines, Sonar, And The Death Of Whales: Enforcing The Delicate Balance Of Environmental Compliance And National Security In Military Training, Joel R. Reynolds

William & Mary Environmental Law and Policy Review

No abstract provided.

Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester

Journal Publications

The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …

A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle

Federal Communications Law Journal

This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.

Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

No abstract provided.

Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …

Leaving No Loopholes For Terrorist Financing: The Implementation Of The Usa Patriot Act In The Real Estate Field, Elizabeth A. Cheney

Vanderbilt Law Review

September 11, 2001 began like any other day but took a drastic turn at 8:45 a.m. Eastern Daylight Time when a plane, hijacked by terrorists, crashed into the northern tower of the World Trade Center, setting it afire. As Americans mourned in silence, a second plane rammed through the southern tower of the World Trade Center at 9:05 a.m. and set it aflame. The horror continued, as a third plane crashed into the Pentagon, a fourth diverted into a field in Pennsylvania, and both towers of the World Trade Center collapsed.

It did not take long for Americans to realize …

Osama's Submarine: National Security And Environmental Protection After 9/11, Stephen Dycus

William & Mary Environmental Law and Policy Review

No abstract provided.

Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.

Securing The Freedom Of The Communications Revolution, Michael K. Powell

Federal Communications Law Journal

No abstract provided.

Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck

Federal Communications Law Journal

Since the grant of the first Commercial Mobile Radio Service ("CMRS") license over twenty years ago, the wireless industry has grown from a service of convenience to one that is indispensable. What once was a device used for sporadic phone calls now is viewed by many Americans as a source of invaluable communication and security. As the wireless industry matured, government officials turned to the mobile phone as a way to make the United States safer. E-9 11, the Communications Assistance for Law Enforcement Act ("CALEA"), Wireless Priority Service ("WPS"), and Outage Reporting all were initiated on the wireless platform …

The Mosaic Theory, National Security, And The Freedom Of Information Act, David E. Pozen

Faculty Scholarship

This Note documents the evolution of the "mosaic theory" in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in tension with the text and purpose of FOIA, and susceptible to abuse and overbreadth. This Note therefore argues, against precedent, for greater judicial scrutiny of mosaic theory …