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Full-Text Articles in National Security Law

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 ...


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 ...


Get Real: Implications And Impositions Of The Real Id Act Of 2005 On Vulnerable Individuals And States, Haley Hoff May 2019

Get Real: Implications And Impositions Of The Real Id Act Of 2005 On Vulnerable Individuals And States, Haley Hoff

Catholic University Law Review

The Act imposed strict requirements for those seeking to obtain personal identification documents. This Comment provides a background of the Real ID Act, including its controversial enactment, flawed implementation, and the effects the Act has on citizens. It will examine the various approaches states have employed during their process of coming into compliance with the Act as well as states’ struggle to achieve compliance. This Comment also provides a critical look into the unique issues that lower income and elderly individuals face as a result of the Act. Lastly, the Comment offers various practical and legal solutions that must be ...


Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar May 2019

Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar

Michigan Law Review

U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other ...


Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar Apr 2019

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First ...


Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett Apr 2019

Preserving Reef-Building Coral Genetic Resources With Assisted Migration: Balancing Precaution And Risk, Richard J. Bartz, Annie Brett

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Masthead Apr 2019

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Editor In Chief Comment Apr 2019

Editor In Chief Comment

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez Apr 2019

Discriminatory And Illegal Practices Administered In The United States' Discretion When Employing The National Security Exception To Claim Inadmissibility Of Syrian Refugees For Resettlement, Cynthia Gonzalez

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Political Extremism And Domestic Terrorism In America, Mark Potok Apr 2019

Political Extremism And Domestic Terrorism In America, Mark Potok

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Charging Crimes As "Terrorism", Jenna Mclaughlin Apr 2019

Charging Crimes As "Terrorism", Jenna Mclaughlin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum Apr 2019

Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Combatting Narcoterrorism, Andrea Villa Apr 2019

Combatting Narcoterrorism, Andrea Villa

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Does "Meaningful Human Control" Have Potential For The Regulation Of Autonomous Weapon Systems?, Kevin Neslage Apr 2019

Does "Meaningful Human Control" Have Potential For The Regulation Of Autonomous Weapon Systems?, Kevin Neslage

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney Apr 2019

Unfair To The Unborn: A Look At Ortiz And The Injustice Of The Feres Doctrine When Applied To Injuries Incurred To A Fetus While In The Womb Of An Active Duty Service Woman, Tiffany-Ashley Disney

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen Apr 2019

Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Prefatory Matter & Table Of Contents Apr 2019

Prefatory Matter & Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Prefatory Matter And Table Of Contents Apr 2019

Prefatory Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang Apr 2019

Stealing Press Credentials: Law Enforcement Identity Misappropriation Of The Press In The Cyber Era, Andy T. Wang

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger Apr 2019

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this ...


Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith Apr 2019

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.


Customs, Immigration, And Rights: Constitutional Limits On Electronic Border Searches, Laura K. Donohue Apr 2019

Customs, Immigration, And Rights: Constitutional Limits On Electronic Border Searches, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The warrantless search of travelers’ electronic devices as they enter and exit the United States is rapidly increasing. While the Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement, it applies to only two interests: promoting the duty regime and preventing contraband from entering the country; and ensuring that individuals are legally admitted. The government’s recent use of the exception goes substantially beyond these matters. U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) are using it to search electronic devices, and at times the cloud, for evidence of ...


Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia Apr 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review

No abstract provided.


O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott Apr 2019

O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott

Dickinson Law Review

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.

This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive ...