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Cyberspace: The 21st Century Battlefield, Cameron Ryan Scullen 2019 University of Miami Law School

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, 2019 University of Miami Law School

Prefatory Matter & Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Prefatory Matter And Table Of Contents, 2019 University of Miami Law School

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 2019 University of Miami Law School

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 2019 University of Maryland Francis King Carey School of Law

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 2019 University of Pennsylvania

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 2019 Georgetown University Law Center

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 2019 Penn State Dickinson Law

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 2019 Penn State Dickinson Law

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 ...


The U.S. Military’S Environmental Protection Efforts: Unexpected Eco-Friendly Solutions To Land Management Problems, Curtis Cranston 2019 Boston College Law School

The U.S. Military’S Environmental Protection Efforts: Unexpected Eco-Friendly Solutions To Land Management Problems, Curtis Cranston

Boston College Law Review

The military’s historically destructive relationship with the environment and its several national security exemptions from compliance with federal environmental laws would appear to indicate that the military’s mission is inherently at odds with environmental protection. Nevertheless, the U.S. Department of Defense (“DoD”) has recently demonstrated a significant interest in ensuring military readiness by reducing potential impediments to normal military operations on DoD installations. Often cumulatively referred to as “encroachment,” these outside pressures include land-use restrictions from federal environmental laws as well as more direct interference from nearby civilian populations, such as noise complaints and light pollution. By ...


Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel 2019 Utah Valley University

Beyond Geneva: Detainee Review Processes In Non-International Armed Conflict—A U.S. Perspective, Ryan J. Vogel

International Law Studies

The need for detainee review in non-international armed conflict has never been more imperative. Yet, the law of armed conflict is almost completely silent on the subject. Although the law may not require States to conduct detainee review processes in non-international armed conflict, the spirit of the law encourages it, and States—particularly the United States—have begun to see utility in the development and implementation of such review processes. The object of this article is to identify an appropriate framework for detainee review, examine relevant U.S. state practice, and provide practical guidelines for implementing processes to review the ...


Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff 2019 Washington and Lee University School of Law

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they ...


Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin 2019 University of Cincinnati College of Law

Maslenjak V. United States: A Concern About Prosecutors’ Limitless Leverage Regarding The International Refugee Policy, Fengming Jin

Immigration and Human Rights Law Review

No abstract provided.


Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay 2019 Elmira College

Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay

Arkansas Law Review

“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way ...


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.


United States Antiterror Law Is Missing The Mark: Changing The Material Support Statute To Hit The Target, Tessa Beryl Tilton 2019 College of William & Mary Law School

United States Antiterror Law Is Missing The Mark: Changing The Material Support Statute To Hit The Target, Tessa Beryl Tilton

William & Mary Law Review

No abstract provided.


When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman 2019 J.D. Candidate, Pepperdine University School of Law

When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman

Pepperdine Law Review

In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in ...


Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith 2019 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

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


Borders Rules, Beth A. Simmons 2019 University of Pennsylvania Law School

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


Quieting The Court: Lessons From The Muslim-Ban Case, Avidan Cover 2019 Case Western Reserve University School of Law

Quieting The Court: Lessons From The Muslim-Ban Case, Avidan Cover

Faculty Publications

The Supreme Court’s Muslim-ban decision in Trump v. Hawaii and the confirmation of Brett Kavanaugh to the Supreme Court call into question the civil rights litigation enterprise insofar as it challenges U.S. government’s national security and immigration policies. Litigants and advocacy organizations should employ an array of strategies and tactics to avoid the Court’s rulings that almost uniformly defer to, and thus validate, the government’s national security and immigration practices.


This article maintains that The Muslim-Ban Case was a predictable outgrowth of the Supreme Court’s national security-immigration jurisprudence that champions executive power at the ...


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