National Security Law Commons^™

National Security Law, James D. Carlson, Geoffrey M. Goodale, Guy C. Quinlan, Sergio L. Suarez

The Year in Review

No abstract provided.

Robert Jackson's Critique Of Trump V. Hawaii, William R. Casto

St. John's Law Review

(Excerpt)

Over seventy years ago, United States Supreme Court Justice Robert H. Jackson accurately predicted the Supreme Court’s decision in Trump v. Hawaii. As he foresaw, the Court rubberstamped a President’s purposeful discrimination against a minority religion. This brief Essay explains Trump using Jackson’s critique of judicial review in national-security cases. The Essay also uses Trump to examine a flaw—probably structural—in the constitutional theory of process jurisprudence. The Trump case involved the Court’s construction of congressional legislation apparently limiting the President’s authority, but the present Essay does not address that aspect of the opinion.

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind, …

Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren

BYU Law Review

Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …

Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber

Testimony

Professor Rebecca Ingber testified at a U.S. House Committee on Rules hearing on March 23, 2021, titled "Article I: Reforming the War Powers Resolution for the 21st Century."

U.S. Recognition Of Japanese Sovereignty Over The Senkaku Islands, Raul (Pete) Pedrozo

International Law Studies

Every U.S. administration from Truman to Kennedy recognized Japanese residual sovereignty over the Senkaku Islands. U.S. policy changed, however, to one of neutrality under the Nixon administration during the negotiations of the Okinawa Reversion Treaty. The change in policy was not based on a belief that Japan did not retain sovereignty over the islands, but rather was done to appease the Republic of China over its impending expulsion from the United Nations and to break an impasse of the ongoing textile negotiations with Taipei. The administration’s overtures to China, culminating in Nixon’s visit to China contributed to the decision. Since …

Eu Privacy Law And U.S. Surveillance: Solving The Problem Of Transatlantic Data Transfers, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Learning From The Past: Using Korematsu And Other Japanese Internment Cases To Provide Protections Against Immigration Detentions, Caleb Ward

Arkansas Law Review

One of the darkest periods in modern United States history is reoccurring with mixed public approval. During World War II, the United States government enacted executive orders creating a curfew, proscribing living areas, and forcing the exclusion and detention of all Japanese descendants from the West Coast. The United States justified these grievous freedom and equality violations through an increased need for national security “because we [were] at war with [Japan].” However, this perceived increased need for national security came from a fraudulent assessment showing any Japanese-American could be planning espionage or sabotage of the United States. After the war, …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Beyond Huntington: Us Military Professionalism Today, Risa Brooks

The US Army War College Quarterly: Parameters

No abstract provided.

Charting A Different Course, Nadia Schadlow

The US Army War College Quarterly: Parameters

No abstract provided.

The Joint Force And Lessons From 1971, Jonathan P. Klug

The US Army War College Quarterly: Parameters

No abstract provided.

Academe And The Military, C. Anthony Pfaff, Julia L. E. Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

From The Commandant, David C. Hill

The US Army War College Quarterly: Parameters

No abstract provided.

Managerial Aspects Of Command, John S. Kem, James G. Breckenridge

The US Army War College Quarterly: Parameters

No abstract provided.

Providing Stability And Deterrence: The Us Army In Indopacom, Carol V. Evans

The US Army War College Quarterly: Parameters

No abstract provided.

Coalition Warfare—Echoes From The Past, Michael Neiberg

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Spring 2021, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Us Army Reforms In The Progressive Era, J. P. Clark

The US Army War College Quarterly: Parameters

No abstract provided.