National Security Law Commons^™

Reconsidering Why We Lost, Daniel Glickstein

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Presidential Power And Enjoining The Obama Immigration Plan, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of foreign intelligence collection …

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.

Trade Regulation - Export Controls - Cocom Agrees On New Multilateral Export Guidelines Allowing Eastern Bloc To Purchase Low Level Technology Legally, Jackie L. Masden

Georgia Journal of International & Comparative Law

No abstract provided.

The Right Of Counterintervention, John A. Perkins

Georgia Journal of International & Comparative Law

No abstract provided.

About The New Pca Rules And Their Application To Satellite Communication Disputes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In 2011 the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities were adopted. The present contribution addresses the possible relevance of these new rules for disputes regarding international satellite communication, noting the existence of various dispute settlement regimes already available and analyzing their respective usefulness for such international satellite communications disputes.

National Insecurity: The National Defense Authorization Act, The Indefinite Detention Of American Citizens, And A Call For Heightened Judicial Scrutiny, 49 J. Marshall L. Rev. 69 (2015), Harvey Gee

UIC Law Review

This essay outlines the problems posed by the National Defense Authorization Act of 2012 (“NDAA”) and interprets the Act’s language to answer the question of: whether American citizens can be indefinitely detained under the NDAA?

The Limits Of The Freedoms Act’S Amicus Curiae, Chad Squitieri

Scholarly Articles

The federal government’s power to engage in surveillance for national security purposes is extensive. In an effort to reform the current national surveillance regime, scholars have called for, among other things, the creation of a “special advocate” to counter the government’s arguments before the Foreign Intelligence Surveillance Court. Feeling political pressure to improve an ever-unpopular national surveillance regime, lawmakers passed the USA FREEDOM Act (“Freedom Act”). Section 401 of the Freedom Act provides for the creation of an “amicus curiae,” a position that differs from earlier conceptions of a “special advocate” in important respects. This Essay examines those differences, and …

Tightrope Act, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Disappearing Legal Black Holes And Converging Domains: Changing Individual Rights Protection In National Security And Foreign Affairs, Andrew Kent

Faculty Scholarship

This Essay attempts to describe what is distinctive about the way the protection of individual rights in the areas of national security and foreign affairs has been occurring in recent decades. Historically, the right to protection under the U.S. Constitution and courts has been sharply limited by categorical distinctions based on geography, war, and, to some extent, citizenship. These categorical rules carved out domains where the courts and Constitution provided protections and those where they did not. The institutional design and operating rules of the national security state tracked these formal, categorical rules about the boundaries of protection. There have …

Supply And Demand: Immigration Of The Highly-Skilled And Educated In The Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015), Julia Funke

UIC Law Review

Post-9/11 immigration law and policy has had a significant impact on immigrants residing in the U.S. lawfully. Specifically, individuals applying for and immigrating using nonimmigrant employment and education visas have seen a markedly changed environment. Since this directly affects the U.S. economy, its impact cannot be underestimated. Therefore, the sections that follow will address the immigration of the highly skilled and educated in the post-9/11 market, specifically focusing on H-1B visas. Section II will begin with an explanation of the current U.S. immigration system, highlighting the restrictions on employment-based visas. Next, Section III will provide an overview of the H-1B …

The Statement And Account Clause As A National Security Freedom Of Information Act, Lawrence Rosenthal

Loyola University Chicago Law Journal

The amount of the aggregate annual appropriations for the civilian and military intelligence programs is the only aspect of intelligence spending that is publicly disclosed. As a consequence, a great deal of information about how public funds are spent remains secret, potentially insulating from ordinary processes of political accountability not only waste, inefficiency, and abuse, but also what the public may regard as unwarranted intrusions on its privacy. This Article offers a constitutional vehicle for greater transparency—the Constitution’s Statement and Account Clause, which provides that “a regular Statement and Account of the Receipts and Expenditures of all public Money shall …

Sentencing Complexities In National Security Cases, Chris Jenks

Faculty Journal Articles and Book Chapters

Military national security courts-martial infrequently occur. When they do occur, military counsel, judges, and court personnel endeavor to perform their function at a high level. Unfortunately, the process by which the U.S. government conducts classification reviews and the military’s inexperience in national security cases often results in the form of safeguarding classified information trumping the substantive function of the underlying trial process. And by the time the sentencing phase is reached, understandable but unfortunate focus is placed on simply concluding the trial without mishandling classified information.

This article examines the sentencing complexities in military national security cases, first defining a …

Brief Of Amici Curiae Former Consular Officers In Support Of Respondent, Kerry V. Din, No. 13-1402 United States Supreme Court, Ira J. Kurzban, Edward F. Ramos, Jeffrey D. Kahn, Trina Realmuto

Faculty Journal Articles and Book Chapters

This brief argues that certain visa application denials, particularly those based on information originating from agencies other than the Department of State, can be qualitatively different from denials based on consular discretion. Although the end result looks the same – “Visa Denied” – denials based on database and watchlist information maintained in the United States by the Department of Homeland Security, the FBI, and other agencies, bear little resemblance to the traditional exercise of consular discretion because the specific information which requires the consular officer to deny these visas is usually not available for him or her to evaluate. Real …

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.

Widening The Aperture On Fourth Amendment Interests: A Comment On Orin Kerr's The Fourth Amendment And The Global Internet, David G. Delaney

Articles by Maurer Faculty

Physical-world law may not be suitable for cyberspace. For example, the Supreme Court's "sufficient connection" test in U.S. v. Verdugo-Urquidez (1990) is inconsistent with the century-long trend for courts to find greater constitutional protections for those subject to U.S. jurisdiction outside the United States. Courts must maintain flexibility to conceive of a Fourth Amendment that does not depend exclusively on territory to fulfill its twin aims of ordering government and enabling redress of liberty infringements. Federal and state courts and legislatures addressing searches, seizures, and surveillance in cyberspace should seek simple rules that can easily adapt as cyberspace and government …

Dollar Unilateralism: The New Frontline Of National Security, Suzanne Katzenstein

Indiana Law Journal

This Article makes three points. First, it draws attention to a profound shift toward “dollar unilateralism” by the U.S. government as it advances core national security goals. Relying on the special status of the U.S. dollar, the government has enlisted foreign banks to isolate targeted entities and track illicit financial flows. Second, drawing on examples such as Iran’s nuclear program, the Article identifies three formal and informal legal tactics the government has used to implement dollar unilateralism: financial sticks, high-profile blacklists, and direct diplomacy. Finally, the Article discusses the efficacy of dollar unilateralism and its implications for U.S. accountability. Dollar …