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

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 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Global Test Threatens Security, Alan J. Meese 2019 William & Mary Law School

Global Test Threatens Security, Alan J. Meese

Alan J. Meese

No abstract provided.


Annan Leaves Door Open For U.S. Action, Alan J. Meese 2019 William & Mary Law School

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 2019 William & Mary Law School

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 2019 University of Pennsylvania Law School

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. 2019 College of Charleston

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 2019 The American Society of International Law

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 2019 Georgetown University Law Center

(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 2019 Roger Williams University School of Law

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 2019 UNSW Sydney, Faculty of Law

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 2019 Selected Works

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 2019 University of St. Thomas, Minnesota

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 2019 University of St. Thomas, Minnesota

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 2019 Brooklyn Law School

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 2019 Brooklyn Law School

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 2019 Boston College Law School

"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 2019 Georgetown University Law Center

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 2019 University of Louisville Brandeis School of Law

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 2019 University of Maine School of Law

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 ...


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