National Security Law Commons^™

The Congress: Friend Or Foe In Foreign Policy?, Richard Perle

University of Miami Law Review

No abstract provided.

The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.

Do We Have An Imperial Congress?, John Norton Moore

University of Miami Law Review

No abstract provided.

The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock

University of Miami Law Review

No abstract provided.

Constitutional Fidelity And Foreign Affairs, Edwin Meese Iii

University of Miami Law Review

No abstract provided.

The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin

The US Army War College Quarterly: Parameters

No abstract provided.

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams

Articles & Book Chapters

In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.

Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.

Vanderbilt Journal of Transnational Law

In calling for more narrowly focused controls, this study echoes the Bucy Report of 1976, one that called for restrictions on revolutionary rather than evolutionary technology.56 Yet more than a decade after that report was issued, United States export control lists are still weighted toward restricting all exports containing useful technology whether or not the export of an item would advance the capabilities of American adversaries to any degree.17 Unless industry leaders seize the opportunity to reduce the scope of national security export controls as Congress prepares to reauthorize the Export Administration Act, this report, like the Bucy Report before …

Foreign Relations And National Security Law, Stuart S. Malawer

Vanderbilt Journal of Transnational Law

"Foreign relations law" as it relates to foreign policy and national security is an area of specialization that has recently witnessed publication of two significant works. A third major publication has already appeared in final draft and is about to be printed. These publications evidence the growth of foreign relations law and validate it as a separate field of study. This distinct area of the law draws subjects from other areas, which are all too often given minimal attention, into a coherent course with a specific focus.

Foreign relations law should be the introductory course in international studies in law …

Policy, Procedures, And People: Governmental Response To A Privately Initiated Nuclear Test Monitoring Project As A Case Study In National Security Decision-Making, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article applies the Allisonian framework to the U.S. Government's response to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council (NRDC), an environmental organization. This case lends itself to fruitful analysis for several reasons. First, while it fits the criteria for second-level decisions, it also involves a critical area of international relations-the control of nuclear weapons. Second, the involvement of numerous government agencies in the project presents ample opportunity to examine processes within and among agencies. Third, the reaction of the United States appears, at first blush, to have been ambivalent or inconsistent, for …

Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Political And Legal Instruments In Supporting And Combating Terrorism: Current Developments, Rett R. Ludwikowski

Scholarly Articles

A historian is a prophet of the past, not of the future, and a question about the future is not a historian's favorite one. With all these reservations, a historian is often compelled to trace past and present patterns in order to foresee the most likely arrangements of future events. The reflections presented below (in Part I) do not stem from the intention of the author to speculate about the prospects of Communism or discuss the alternative scenarios for the future of the Soviet bloc. They are limited to a few conclusions which can be drawn from the logical progression …

Department Of The Navy V. Egan, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

The Role Of Arms Control In Strategic Nuclear Doctrine: Sdi, Mad, And The Abm Treaty, William A. Kinsel

Washington Law Review

To resolve the underlying doctrinal dispute, the United States must choose either to abandon SDI in favor of MAD, or vice versa. This choice is necessary because, as this Comment demonstrates, the two doctrines cannot be maintained simultaneously. Once this primary choice is made, the debate over the interpretation of the ABM Treaty resolves itself into the secondary question of whether to terminate the Treaty to allow effective pursuit of SDI, or to reaffirm that treaty to permit continued reliance on the doctrine of MAD as the basis of our nuclear deterrent. This Comment, after identifying the competing premises of …

Aspects Of Terrorism: Personal Reflections, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Judicial Review Of National Security Decisions: United States And United Kingdom, Charles D. Ablard

William & Mary Law Review

No abstract provided.

Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman

Penn State International Law Review (1982 - 2011)

This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.

Judging Secrets, Christopher Dunn

Villanova Law Review (1956 - )

No abstract provided.

Diplomatic Immunity-Open-Door Policy To Espionage Activity Avoided (United States V. Kostadinov- United States V. Kostadinov), Blanche G. Lark

NYLS Journal of International and Comparative Law

No abstract provided.

Curtiss-Wright Comes Home: Executive Power And National Security Secrecy, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

Collectively we face no greater challenge than maintaining sensible perspectives on national security issues. Central to this task is the need to achieve a tolerable balance between secrecy and openness in public debate on such issues. There are real threats to our nation, and we would be foolish to ignore them; history teaches that no culture is guaranteed survival. Yet, how to respond to such threats must be profoundly controversial. The virtue of liberal society is that it values highly the realization of private preferences; the sacrifice of those desires to attain another's vision of collective security will never be …

My Life With The Fbi, James Carroll

New England Journal of Public Policy

When I was a child, the FBI was everywhere in my world and I loved my world more for that. My first remembered experience of entertainment — one could even say of story — was listening on the radio in the late forties to "The FBI in Peace and War," and I can still hum its theme. My older brother Joe and I, and then Brian, too, when he came along, huddled together by the old Philco, riveted because those tales of gangbusters, spy catchers, and G-men evoked the world of our father, who was himself an FBI agent. He …

The Law Of Police Authority: The Mcdonald Commission And The Mcleod Report, Rosemary Cairns Way

Dalhousie Law Journal

By the summer of 1977 it was apparent that the Royal Canadian Mounted Police had engaged in unauthorized break-ins and unlawful seizure in their zeal to protect the national security., In response to growing public criticism and concern, then Solicitor-General Francis Fox announced the government's intention to establish a commission of inquiry into the scope and frequency of certain investigative techniques of the national police force. 2 The mandate of the McDonald Commission was to investigate RCMP procedures that were "not authorized or provided for by law". 3 Although the July appointment of the Commission resulted in an announced moratorium …

Insurgency And Counterinsurgency: The Role Of Strategic Theory, Charles Maechling Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Contemporary Social Problems, Georgia Briscoe

Publications

No abstract provided.

Selective Service System V. Minnesota Public Interest Research Group, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson

Vanderbilt Journal of Transnational Law

Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …

The Underground Pentagon: An Insider's View Of America's Doomsday Center, In The Public Interest

In the Public Interest

No abstract provided.