Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman,
2019
University of Miami Law School
Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Cyberspace: The 21st Century Battlefield,
2019
University of Miami Law School
Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Prefatory Matter & Table Of Contents,
2019
University of Miami Law School
Prefatory Matter & Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Prefatory Matter And Table Of Contents,
2019
University of Miami Law School
Prefatory Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era,
2019
University of Miami Law School
Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege,
2019
Penn State Dickinson Law
O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott
Dickinson Law Review (2017-Present)
The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.
This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …
Remarks On Prosecutorial Discretion And Immigration,
2019
Penn State Dickinson Law
Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia
Dickinson Law Review (2017-Present)
No abstract provided.
Customs, Immigration, And Rights: Constitutional Limits On Electronic Border Searches,
2019
Georgetown University Law Center
Customs, Immigration, And Rights: Constitutional Limits On Electronic Border Searches, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The warrantless search of travelers’ electronic devices as they enter and exit the United States is rapidly increasing. While the Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement, it applies to only two interests: promoting the duty regime and preventing contraband from entering the country; and ensuring that individuals are legally admitted. The government’s recent use of the exception goes substantially beyond these matters. U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are using it to search electronic devices, and at times the cloud, for evidence of any criminal activity, …
Exoatmospheric Plowshares: Using A Nuclear Explosive Device For Planetary Defense Against An Incoming Asteroid,
2019
Georgetown University Law Center
Exoatmospheric Plowshares: Using A Nuclear Explosive Device For Planetary Defense Against An Incoming Asteroid, David A. Koplow
Georgetown Law Faculty Publications and Other Works
What should be done if we suddenly discover a large asteroid on a collision course with Earth? The consequences of an impact could be enormous—scientists believe that such a strike 60 million years ago led to the extinction of the dinosaurs, and something of similar magnitude could happen again. Although no such extraterrestrial threat now looms on the horizon, astronomers concede that they cannot detect all the potentially hazardous “near-Earth objects,” and even more striking, they acknowledge that if such a danger were discerned, there is currently no proven capability for diverting or destroying it.
One possible response to this …
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0,
2019
University of Maryland Francis King Carey School of Law
Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger
Maryland Law Review
Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.
Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective,
2019
Utah Valley University
Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel
International Law Studies
The need for detainee review in non-international armed conflict has never been more imperative. Yet, the law of armed conflict is almost completely silent on the subject. Although the law may not require States to conduct detainee review processes in non-international armed conflict, the spirit of the law encourages it, and States—particularly the United States—have begun to see utility in the development and implementation of such review processes. The object of this article is to identify an appropriate framework for detainee review, examine relevant U.S. state practice, and provide practical guidelines for implementing processes to review the status and threat …
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations,
2019
Roger Williams University School of Law
Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn
Law Faculty Scholarship
No abstract provided.
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,
2019
Washington and Lee University School of Law
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 …
Reconsidering Sun Tzu,
2019
US Army War College
Reconsidering Sun Tzu, John F. Sullivan
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply,
2019
US Army War College
Commentary And Reply, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Analogical Thinking: The Sine Qua Non For Using History Well,
2019
US Army War College
Analogical Thinking: The Sine Qua Non For Using History Well, Richard A. Lacquement Jr.
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor,
2019
SSI
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,
2019
US Army War College
Anti-Access Strategies In The Pacific: The United States And China, Sam J. Tangredi
The US Army War College Quarterly: Parameters
No abstract provided.
Russia's A2/Ad Capabilities: Real And Imagined,
2019
US Army War College
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,
2019
US Army War College
Human Security In The Arctic: Implications For The United States Army, C. Anthony Pfaff
The US Army War College Quarterly: Parameters
No abstract provided.
