National Security Law Commons^™

Lessons From The Air Campaigns Over Libya, Syria, And Yemen, Ben Nimmo

The US Army War College Quarterly: Parameters

No abstract provided.

Revisiting The Principles Of Nato Burden-Sharing, Alexander Mattelaer

The US Army War College Quarterly: Parameters

No abstract provided.

Modifying America's Forward Presence In Eastern Europe, John R. Deni

The US Army War College Quarterly: Parameters

No abstract provided.

Nation-Building Is An Oxymoron, M. Chris Mason

The US Army War College Quarterly: Parameters

No abstract provided.

Measuring The Effectiveness Of America's War On Terror, Erik W. Goepner

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Does Russia Have A Gerasimov Doctrine?, Roger N. Mcdermott

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Terrorist Sanctions: The Clash In Us And Eu Approaches, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Doing Our Part: Acknowledging And Addressing Women’S Contributions To Isis, Elizabeth Buner

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Event Program, Emory Law Journal

Randolph W. Thrower Symposium

No abstract provided.

Extraterritorial Criminal Jurisdiction, Michael Farbiarz

Michigan Law Review

Over and over again during the past few decades, the federal government has launched ambitious international prosecutions in the service of U.S. national security goals. These extraterritorial prosecutions of terrorists, arms traffickers, and drug lords have forced courts to grapple with a question that has long been latent in the law: What outer boundaries does the Constitution place on criminal jurisdiction? Answering this question, the federal courts have crafted a new due process jurisprudence. This Article argues that this jurisprudence is fundamentally wrong. By implicitly constitutionalizing concerns for international comity, the new due process jurisprudence usurps the popular branches’ traditional …

Obama's National Security Exceptionalism, Sudha Setty

Chicago-Kent Law Review

The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …

U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney

Journal of Legislation

Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.

As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson

Osgoode Hall Law Journal

This article uses constitutional discourses on the legality of security certificates to shed light on darker, neglected corners of the security and migration nexus in Canada. I explore how procedures and practices used in the certificate regime have evolved and migrated to analogous adjudicative and discretionary decision-making contexts. I argue, on the one hand, that the executive’s ability to label persons security risks has been subjected to meaningful constraints in the certificate regime and other functionally equivalent adjudicative proceedings. On the other hand, the ability of discretionary decision makers to deport individuals who pose de jure security risks to face …

Spying, Ronald Griffin

Faculty Books and Book Contributions

Ronald C. Griffin’s paper Spying, which is the third paper in the book Selected Issues in Modern Jurisprudence, edited by David A. Frenkel, begins with the finding in the Church Committee Report in the USA. It spotlights Edward Snowden’s disclosure about the NSA, reviews pertinent laws about spying and parades some suggestions and recommendation to curb government excesses.

What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga

Duke Law Master of Judicial Studies Theses

From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.

Secret Jurisdiction, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

So-called “confidentiality creep” after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The executive branch’s procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call “secret jurisdiction,” in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …

Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Small satellites have become a welcome addition to the existing tools to benefit from space applications—they are relatively simple and cheap to construct, and being small, relatively cheap to launch as well, as secondary payloads on launch vehicles where the primary payload may not take up all of the (often standardized) payload bay capacity. As they, moreover, usually orbit for relatively short times in low trajectories before burning up in the atmosphere, they might not seem to pose major or even merely realistic liability risks.

As a consequence, sometimes the issue of liability for damage caused by small satellites has …

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.