National Security Law Commons^™

Contributor's Guidelines And Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Review Essay, Robert L. Bateman

The US Army War College Quarterly: Parameters

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Commentary And Reply, Claude A. Lambert

The US Army War College Quarterly: Parameters

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Article Index, Usawc Press

The US Army War College Quarterly: Parameters

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Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

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From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

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What Went Wrong In Afghanistan?, Todd Greentree

The US Army War College Quarterly: Parameters

Critics of the Afghan war have claimed it was always unwinnable. This article argues the war was unwinnable the way it was fought and posits an alternative based on the Afghan way of war and the US approach to counterinsurgency in El Salvador during the final decade of the Cold War. Respecting the political and military dictates of strategy could have made America’s longest foreign war unnecessary and is a warning for the wars we will fight in the future.

Amending Insurrection: Restoring The Balance Of Power In The Insurrection Act, Jeremy S Campbell

Texas A&M Law Review

The Insurrection Act allows the president to domestically deploy and utilize the federal standing army and state militias to perform functions normally performed by domestic law enforcement. The president can invoke the Act when circumstances make it impracticable to enforce domestic law by normal means, when the execution of the law is obstructed such that it deprives citizens of rightful legal protections, or upon the request of a state. Under the current version of the Act, the president possesses the sole and absolute discretion to determine when it is invoked during the two former instances above. When invoked, the Act …

Tort Remedies In Military Prisons And Brigs, Brenner M. Fissell, Max Jesse Goldberg

Faculty Publications

Symposium on Military Justice October 2021.

Hosted by National Institute of Military Justice (In honor of NIMJ's 30th Anniversary)

Twenty Years After The Anthrax Terrorist Attacks Of 2001: Lessons Learned And Unlearned For The Covid-19 Response, Lawrence O. Gostin, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

The 20th anniversary of the terrorist attacks on September 11, 2001, resulted in deep national reflection. Less remembered are the events that began to unfold 7 days later as anonymous letters laced with deadly anthrax (Bacillus anthracis) spores began arriving at postal facilities, media companies, and congressional offices. The first death from inhaled anthrax exposure occurred on October 5, with an additional 4 deaths and 17 infections over the ensuing months.

The anthrax attacks exposed a health system ill-equipped to respond to acute emergencies. This article explores the lessons learned, and unlearned, from the anthrax attacks, through to …

In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller

International Law Studies

States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …

Cyberterrorism And The Public Safety Exception To Miranda, Mitch Snyder

Dickinson Law Review (2017-Present)

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations. …

Reassessing The Ahistorical Judicial Use Of William Winthrop And Frederick Bernays Wiener, Joshua E. Kastenberg

Faculty Scholarship

Government lawyers, like the courts continue to cite to Winthrop. Most recently, in the pending appeal titled Larabee v. Harker, the government ‘s counsel quoted Winthrop for the proposition that “retired officers are a part of the army and so triable by court-martial—a fact indeed never admitting of question.” It is unlikely that the government’s counsel considered the matters presented in this brief article, or that Winthrop rested his statement on dicta rather than any constitutional statement on jurisdiction. Likewise, whatever criticism may be given to Justice Alito’s Ortiz dissent, I am not suggesting that either he, or Justice Neil …

Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng

William & Mary Law Review

Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …

The Article Iii Publication Power And The Foreign Intelligence Surveillance Court, John Langford

Cardozo Law Review

The Framers vested “the judicial Power of the United States” in independent courts so that they may protect individual liberty and serve as a check on the legislative and executive branches. The judicial power, however, is narrow and not self-executing. As Chief Justice Marshall put it, it is merely the power “to say what the law is.” Federal courts cannot raise armies or pay money to enforce their decrees. Having neither force nor will, courts must instead rely on cultivating public support to secure the authoritative legitimacy necessary to effectuate their judgments.

But what happens when the executive branch asserts …

State Energy Cartels, James W. Coleman

Cardozo Law Review

Fracking has made America the center of global oil production and the engine of the world’s economy. But haste makes waste. America’s new oil wells are releasing natural gas as well, which is prized as a clean and reliable fuel around the world but must be simply burned off or “flared” if there are no pipelines to bring it to the customers that need it. The pace of the oil boom and the challenges of building new pipelines have forced oil companies to flare staggering quantities of natural gas. Texas and North Dakota are now flaring—that is, wasting—more gas than …

Deep Fakes: The Algorithms That Create And Detect Them And The National Security Risks They Pose, Nick Dunard

James Madison Undergraduate Research Journal (JMURJ)

The dissemination of deep fakes for nefarious purposes poses significant national security risks to the United States, requiring an urgent development of technologies to detect their use and strategies to mitigate their effects. Deep fakes are images and videos created by or with the assistance of AI algorithms in which a person’s likeness, actions, or words have been replaced by someone else’s to deceive an audience. Often created with the help of generative adversarial networks, deep fakes can be used to blackmail, harass, exploit, and intimidate individuals and businesses; in large-scale disinformation campaigns, they can incite political tensions around the …

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …

Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic

International Law Studies

This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …

New York State Rifle & Pistol Association, Inc. V. Bruen: Brief Of Amici Curiae Former National Security Officials In Support Of Respondents, Barbara L. Mcquade

Appellate Briefs

Amici are former federal national security and law enforcement officials who have significant experience protecting our communities from acts of terror and domestic extremist violence. Amici represent a broad cross section of the national security community, including former career and politically appointed officials from the National Security Council staff, Office of the Director of National Intelligence, National Counterterrorism Center, Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Federal Bureau of Investigation, and Department of State.<\p>

As experienced counterterrorism officials, prosecutors, and law enforcement officers, Amici understand that unfettered access to firearms poses a grave national …