National Security Law Commons^™

Requiring A Nexus To National Security: Immigration, “Terrorist Activities,” And Statutory Reform, Jared Hatch

BYU Law Review

No abstract provided.

Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Circumventing The Constitution For National Security: An Analysis Of The Evolution Of The Foreign Intelligence Exception To The Fourth Amendment’S Warrant Requirement, Sarah Fowler

University of Miami National Security & Armed Conflict Law Review

Though few are even aware of its existence, the foreign intelligence exception to the Fourth Amendment’s warrant requirement affects the lives of nearly every American. Recent leaks of top-­‐secret National Security Administration documents depict how the government has morphed the exception into a massive catch all that allows intelligence agencies to perform invasive searches without a warrant and in complete disregard of the Constitution. The foreign intelligence exception began as a narrow tool to shield sensitive national security investigations, but its application has reached an alarming breadth.

This note explores the creation and expansion of the foreign intelligence exception, tracing …

The National Security Implications And Potential Solutions For The Unintended Consequences Of The 1980 Bayh-­‐Dole Act On Brain-­‐Injured Veterans From The Wars In Iraq And Afghanistan, Colonel Noel Christian Pace

University of Miami National Security & Armed Conflict Law Review

Traumatic brain injury (TBI) is the “signature wound” seen in veterans from the wars in Iraq and Afghanistan, from which the U.S. now has over 20,000 young veterans living with TBI. However, some unintended consequences of the Bayh-­‐Dole Act of 1980, a law designed to tap the “secret weapon” of federally funded research & development (R&D) to help the U.S. return to competitiveness after the recession of the late 1970’s, are now preventing these heroes from getting the treatment and cures they need. This article reviews the history of American academia’s close cooperation with the U.S. government in solving military …

Don’T Let Slip The Dogs Of War: An Argument For Reclassifying Military Working Dogs As “Canine Members Of The Armed Forces”, Michael J. Kranzler

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

A Regime In Need Of Balance: The Un Counter-­Terrorism Regimes Of Security And Human Rights, Isaac Kfir

University of Miami National Security & Armed Conflict Law Review

Since 9/11, the UN’s counter-­‐terrorism regime has developed two distinct approaches to combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. On the other hand, the General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-­‐based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the …

Drones At Home: Domestic Drone Legislation -- A Survey, Analysis And Framework, Colonel Dawn M.K. Zoldi

University of Miami National Security & Armed Conflict Law Review

Can the government employ drones domestically without running roughshod over personal privacy? In an effort to preemptively rein in potential government overreach, most states have proposed legislation that restricts or forbids government drone use. The intent is to prevent drone use for warrantless information and evidence collection. Ironically, many of these proposals will have the opposite affect intended. State-­‐by-­‐state drone legislation may lead to consequences such as the erosion of Fourth Amendment jurisprudential principles, losses of life and property, procedural windfalls to criminals, and deleterious effects on the military.

Lawmakers should take a nuanced approach to government drone use rather …

Biodefense And Constitutional Constraints, Laura K. Donohue

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Where Is The Justice? The Sexual Assault Crisis Plaguing The Military And A Lack Of Meaningful Justice, Marc Edward Rosenthal

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Lost In Translation: The Accidental Origins Of Bond V. United States, Kevin L. Cope

Michigan Law Review First Impressions

One of the unusual features of cases about the constitutionality of federal statutes is that they are nearly always foreseeable. Even before the bill’s introduction in Congress, lawmakers are often aware that they are inviting a federal lawsuit. Anticipating a legal challenge, legislators and their staffs attempt to predict the courts’ views of the statute and adapt the bill accordingly. Generally speaking, the bigger the bill’s potential constitutional impact, the more foreseeable the resulting case. By this logic, jurists should have seen the constitutional issues in Bond v. United States from a mile away. In reality, they were foreseen by …

What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin

University of Michigan Journal of Law Reform

The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be reasonable …

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …

The Difference Prevention Makes: Regulating Preventive Justice, David Cole

Georgetown Law Faculty Publications and Other Works

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a ‘‘paradigm of prevention,’’ employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pre textual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and …

Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The New Cold War, Michael G. Roskin

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.

Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell

The US Army War College Quarterly: Parameters

No abstract provided.

China's North Korea Policy: Rethink Or Recharge?, Andrew Scobell, Mark Cozad

The US Army War College Quarterly: Parameters

No abstract provided.

Reserve Component Costs: A Relook, Rick Morrison

The US Army War College Quarterly: Parameters

No abstract provided.

Review Essays, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.