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Full-Text Articles in National Security Law

The 2018 National Strategy For Counterterrorism: A Synoptic Overview, Dan E. Stigall, Chris Miller, Lauren Donnatucci Oct 2019

The 2018 National Strategy For Counterterrorism: A Synoptic Overview, Dan E. Stigall, Chris Miller, Lauren Donnatucci

Dan E. Stigall

This article briefly reviews a few aspects of the 2018 National Strategy for Counterterrorism (NSCT) that are worthy of examination. These include its wider scope, which encompasses domestic terrorism and state-sponsored terrorism; its focus on prevention efforts with a consideration of future threats; and the efficacy of its approach to pursuing and dismantling terrorist groups, most notably the Islamic State of Iraq and Syria (ISIS).


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Global Test Threatens Security, Alan J. Meese Sep 2019

Global Test Threatens Security, Alan J. Meese

Alan J. Meese

No abstract provided.


Annan Leaves Door Open For U.S. Action, Alan J. Meese Sep 2019

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Alan J. Meese

No abstract provided.


Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle Sep 2019

Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle

Evan J. Criddle

No abstract provided.


On Environmental, Climate Change & National Security Law, Mark P. Nevitt Sep 2019

On Environmental, Climate Change & National Security Law, Mark P. Nevitt

Faculty Scholarship at Penn Law

This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement ...


Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr. Sep 2019

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through ...


When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku Sep 2019

When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku

Charlotte Ku

In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity ...


(Dys)Functional Secrecy, Laura K. Donohue Aug 2019

(Dys)Functional Secrecy, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The topic we have been asked to address is how secrecy presents an obstacle to civil and criminal litigation. The underlying assumption is that suppressing information affects the judicial system in detrimental ways. At some level, this is clearly true. Any student of national security law could provide ready examples. If the government refuses to confirm or deny that an individual has been a target of surveillance, it takes little by way of imagination to understand how standing doctrine may prevent litigation from moving forward. Pari passu, classified procedures and parallel construction may prevent criminal defendants from ever being able ...


What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies Aug 2019

What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein Aug 2019

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal ...


Cyber!, Andrea M. Matwyshyn Jul 2019

Cyber!, Andrea M. Matwyshyn

Andrea Matwyshyn

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers ...


An Examination Of The Legal Question Of Shooting Down Hijacked Planes Through An Emphasis On Past Passenger Aircraft Incidents, Joseph Stuhlmann Jul 2019

An Examination Of The Legal Question Of Shooting Down Hijacked Planes Through An Emphasis On Past Passenger Aircraft Incidents, Joseph Stuhlmann

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Legality Of President Trump's Missile Strike On Al-Shayrat Air Force Base In Syria, Jacob Behmer Jul 2019

The Legality Of President Trump's Missile Strike On Al-Shayrat Air Force Base In Syria, Jacob Behmer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan Jul 2019

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions ...


The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever Jul 2019

The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever

Brooklyn Journal of International Law

After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.


"Maybe Someone Dies": The Dilemma Of Domestic Terrorism And Internet Edge Provider Liability, Emily B. Tate Jun 2019

"Maybe Someone Dies": The Dilemma Of Domestic Terrorism And Internet Edge Provider Liability, Emily B. Tate

Boston College Law Review

In the aftermath of a string of highly publicized violent attacks motivated by far-right extremism, the public spotlight has swung its harsh light over tech companies—particularly social media platforms—for hosting extremism and allegedly facilitating radicalization online. With commentators across the political spectrum searching for solutions to a growing problem, the rumbling discourse has inevitably pivoted toward those platforms, with some suggesting that they should be liable for the content they host. Federal terrorism law and § 230 of the Communications Decency Act pose seemingly insurmountable hurdles to this end, but both recent congressional challenges to the CDA and increasingly ...


Lessons From The Mueller Report, Part Ii: Bipartisan Perspectives: Hearing Before The H. Comm. On The Judiciary, 116th Cong., June 20, 2019 (Statement Of Carrie Cordero), Carrie F. Cordero Jun 2019

Lessons From The Mueller Report, Part Ii: Bipartisan Perspectives: Hearing Before The H. Comm. On The Judiciary, 116th Cong., June 20, 2019 (Statement Of Carrie Cordero), Carrie F. Cordero

Testimony Before Congress

No abstract provided.


The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker Jun 2019

The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker

Justin Walker

No abstract provided.


Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi Jun 2019

Circuit Split On The Application Of The "Safety Valve" Provision As Applied To The Maritime Drug Law Enforcement Act - Alexander And Mosquera-Murillo, Alexander D. Andruzzi

Ocean and Coastal Law Journal

When the Court of Appeals for the District of Columbia decided the case of United States v. Mosquera-Murillo, it created a circuit-split on whether individuals charged under the Maritime Drug Law Enforcement Act (codified as 46 U.S.C. § 705) are entitled to relief under the "Safety Valve" provision of 18 U.S.C. § 3553(f). The "Safety Valve" allows individuals who meet certain criteria to be sentenced according to the sentencing guidelines, regardless of any mandatory minimum sentences. This case note compares the holding of the Court of Appeals for the District of Columbia to the Eleventh Circuit's ...


Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly Jun 2019

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Papers from the Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not ...


Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson Ii Jun 2019

Different Problems Require Different Solutions: How Air Warfare Norms Should Inform Ihl Targeting Law Reform & Cyber Warfare, Christian H. Robertson Ii

University of Michigan Journal of Law Reform

On February 19, 2018, United Nations Secretary-General Antonio Guterres claimed that he was “absolutely convinced” that “the next war will begin with a massive cyber-attack to destroy military capacity . . . and paralyze basic infrastructure.” The Secretary-General’s greatest concern, however, is that he believes “there is no regulatory scheme for that type of warfare, it is not clear how the Geneva Convention or international humanitarian law applies to it.” Although Additional Protocol I to the Geneva Conventions (AP I) targeting laws generally identify who and what States may target in war, it expressly limits itself to attacks affecting people and objects ...


Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly May 2019

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Papers from the Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to ...


What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty May 2019

What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty

Boston College Law Review

The United States Supreme Court should have expanded § 1610(g) of the Foreign Sovereign Immunities Act to allow United States victims of foreign state sponsored terror attacks to file attachments against any kind of property owned by a foreign government. This would have provided victims with a viable opportunity to execute the judgments of United States courts against foreign state defendants. Without an expanded § 1610(g), victims will continue to be trapped without any realistic path to recover the full amount of damages they have sustained.


National Security, Immigration And The Muslim Bans, Shoba Wadhia May 2019

National Security, Immigration And The Muslim Bans, Shoba Wadhia

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on earlier scholarship examining the relationship between national security and immigration in the wake of September 11, 2001, under the Obama administration, and during the campaign leading to the 2016 Election. While the Article is largely descriptive, it ultimately questions the longevity of using national security to create and defend immigration law. This Article is limited in scope -- it does not provide a deep dive into the constitutionality of the Muslim bans ...


Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik May 2019

Forensic Analysis Of Spy Applications In Android Devices, Shinelle Hutchinson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphones with Google's Android operating system are becoming more and more popular each year, and with this increased user base, comes increased opportunities to collect more of these users' private data. There have been several instances of malware being made available via the Google Play Store, which is one of the predominant means for users to download applications. One effective way of collecting users' private data is by using Android Spyware. In this paper, we conduct a forensic analysis of a malicious Android spyware application and present our findings. We also highlight what information the application accesses and what ...


A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer May 2019

A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer

International Journal of Security Studies

On June 18, 2018, at a meeting of the National Space Council, President Trump announced that he had directed the Department of Defense and the Pentagon “to immediately begin the process necessary to establish a space force as the sixth branch of the armed forces.” There are distinct legal, logistical, budgetary, and political challenges that must be resolved before a Space Force comes into being, and this paper provides insight into all of these issues. The legal section notes that while certain military activities are permitted in outer space, defensive weapons are likely the only systems that a Space Force ...


Threads Of Terror, Crime, & Slavery “He Who Would Pry Behind The Scenes Oft Sees A Counterfeit”, Gabriella Manduca May 2019

Threads Of Terror, Crime, & Slavery “He Who Would Pry Behind The Scenes Oft Sees A Counterfeit”, Gabriella Manduca

Journal of Law and Policy

Over the past decade, there has been a greater appreciation of how “following the money trail” directly contributes to the fight against terrorism, crime, and corruption around the world. Money serves as the oxygen for any activity, licit or illicit; it is the critical enabler for any organization, from international crime syndicates like the Mexican cartels to terrorist groups like the FARC, ISIS, and Hezbollah. Financial intelligence has helped governments to better understand, detect, disrupt, and counter criminal and terrorist networks and expose political corruption. Since the September 11, 2001 terrorist attacks, . . . [nations] have strengthened their ability to combat money ...


The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt May 2019

The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt

Channels: Where Disciplines Meet

How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of ...


Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies May 2019

Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies

Law Faculty Scholarship

No abstract provided.