Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals,
2015
University of Miami Law School
Allied Pressure: Enforcing International Obligations Forbidding The Payment Of Ransoms For Kidnapped Western Nationals, Andrew R. Schindler
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax,
2015
University of Miami Law School
Unintended National Security Risks Tied To Healthcare Reform And The Cadillac Tax, Brooke Michel Elliott
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Editor In Chief Comment And Acknowledgements,
2015
University of Miami Law School
Editor In Chief Comment And Acknowledgements
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The History Of Veterans Benefits: From The Time Of The Colonies To World War Two,
2015
University of Miami Law School
The History Of Veterans Benefits: From The Time Of The Colonies To World War Two, Mariano Ariel Corcilli
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Editor In Chief Comment And Acknowledgments,
2015
University of Miami Law School
Editor In Chief Comment And Acknowledgments
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
The Computer Fraud And Abuse Act: Protecting The United States From Cyber-Attacks, Fake Dating Profiles, And Employees Who Check Facebook At Work,
2015
University of Miami Law School
The Computer Fraud And Abuse Act: Protecting The United States From Cyber-Attacks, Fake Dating Profiles, And Employees Who Check Facebook At Work, Kristin Westerhorstmann
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Too Few Cadavers: How The Law Is Limiting Army And Civilian Surgical Training,
2015
University of Miami Law School
Too Few Cadavers: How The Law Is Limiting Army And Civilian Surgical Training, Tara M. Irani
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?,
2015
West Virginia University
Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer
Indiana Law Journal
“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further from the truth. Never before …
Defining Foreign Affairs In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy,
2015
Roger Williams University School of Law
Defining Foreign Affairs In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Shari'ah Law As National Security Threat?,
2015
The University of Akron
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Akron Law Review
The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …
Newsroom: Margulies On Terror Suspect Arrest,
2015
Roger Williams University
Newsroom: Margulies On Terror Suspect Arrest, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome,
2015
The Catholic University of America, Columbus School of Law
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching
Catholic University Law Review
In its 1984 decision New York v. Quarles, the Supreme Court announced the public safety exception, under which statements made by un-Mirandized suspects can be admissible when made in response to questions reasonably asked to protect the safety of the arresting officers or the general public. During the investigation of terrorism cases, law enforcement agencies have begun to extend the time of un-Mirandized questioning of suspects, with the hope that courts will find that the public safety exception makes the suspects’ statements admissible in the ensuing prosecutions.
This Article argues that in announcing the public safety exception, …
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad,
2015
University of Amsterdam
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
What Price Security?,
2015
Singapore Management University
What Price Security?, Singapore Management University
Perspectives@SMU
Non-state actors have muddied the global security picture but the fundamental problems remain unchanged from those millenia ago
Kick The Door Down With Airsea Battle…Then What?,
2015
US Army War College
Kick The Door Down With Airsea Battle…Then What?, Martin N. Murphy
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply,
2015
US Army War College
Commentary And Reply, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Security Assistance In Africa: The Case For Less,
2015
US Army War College
Security Assistance In Africa: The Case For Less, Kersti Larsdotter
The US Army War College Quarterly: Parameters
No abstract provided.
Socio-Cultural Intelligence And National Security,
2015
US Army War College
Socio-Cultural Intelligence And National Security, Robert R. Tomes
The US Army War College Quarterly: Parameters
No abstract provided.
Intellectual Capital: A Cautionary Note,
2015
US Army War College
Intellectual Capital: A Cautionary Note, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
The Sweeping Domestic War Powers Of Congress,
2015
University of Virginia Law School
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
