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National Security Law Commons

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2,180 Full-Text Articles 1,782 Authors 1,175,487 Downloads 130 Institutions

All Articles in National Security Law

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2,180 full-text articles. Page 71 of 72.

Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott 2010 St. Mary's University School of Law

Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott

Pace Law Review

No abstract provided.


Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto 2010 Texas Tech University

Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto

Pace Law Review

No abstract provided.


Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford 2010 U.S. Army Judge Advocate General Corps

Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford

Pace Law Review

No abstract provided.


Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne 2010 Indiana University Law School, Indianapolis

Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne

Pace Law Review

No abstract provided.


International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre 2010 South Texas College of Law

International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre

Pace Law Review

No abstract provided.


Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta 2010 University of Cambridge

Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta

Pace Law Review

No abstract provided.


The Founders, Executive Power, And Military Intervention, Christopher A. Preble 2010 Cato Institute

The Founders, Executive Power, And Military Intervention, Christopher A. Preble

Pace Law Review

No abstract provided.


"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power 2010 Widener University School of Law

"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power

Pace Law Review

No abstract provided.


Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky 2010 Sha'arei Mishpat College of Law

Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky

Pace Law Review

No abstract provided.


How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors 2010 PJ Sage, Inc.

How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors

Pace Law Review

No abstract provided.


The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn 2010 John Marshall Law School

The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn

Pace Law Review

No abstract provided.


Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens 2010 University of Florida Levin College of law

Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens

UF Law Faculty Publications

Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering ...


Responses To The Ten Questions, Robert Knowles 2010 Valparaiso University School of Law

Responses To The Ten Questions, Robert Knowles

Law Faculty Publications

No abstract provided.


Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen 2010 University of Washington School of Law

Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen

Washington International Law Journal

One of the most recent steps in China’s slow march towards liberalization of foreign investment is the introduction of the 2006 Provisions on Acquisition of Domestic Enterprises by Foreign Investors (“2006 M&A Provisions”). Article 12 of this law provides new procedures for review and approval of foreign investment in China. China’s national security review of foreign direct investment has the same motivations as the United States’ Committee on Foreign Investment in the United States (CFIUS) review, but it is much murkier and less efficient. CFIUS is governed by numerous statutory and regulatory guidelines. China should integrate some ...


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis 2010 University of Pennsylvania

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship at Penn Law

No abstract provided.


The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan 2010 Mitchell Hamline School of Law

The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan

Faculty Scholarship

This Article explains why the government’s physical surveillance can reach a point in terms of duration and intensity that it becomes a “search” under the Fourth Amendment. As references, Katz v. United States and Kyllo v. United States stand out from the canon. Katz, decided in 1967, swept away a prior emphasis on property rights and trespass laws to hold that the electronic monitoring of a phone booth was a search. Since then, the two-part test from Justice Harlan’s concurring opinion has received as much attention as the totality-of-the-circumstances test in Justice Stewart’s majority opinion. Kyllo, decided ...


Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan 2010 Mitchell Hamline School of Law

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Faculty Scholarship

The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.

First, a prosecutor’s discovery obligations should apply to the intelligence community ...


"Counter-Counter Terrorism Via Lawsuit" - The Bivens Impasse, George D. Brown 2010 Boston College Law School

"Counter-Counter Terrorism Via Lawsuit" - The Bivens Impasse, George D. Brown

Boston College Law School Faculty Papers

This Article deals with one of the most difficult questions arising out of the war on terror: what to do about the victims. How should the legal system respond to claims of collateral damage to constitutional rights when the government has tilted in favor of security at the expense of liberty? The war on terror has already put the American legal system to a severe test, exacerbated by the divide between those who see the problem as essentially one of preserving civil liberties and those who see it as one of preserving national security.


The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman 2010 Columbia Law School

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Faculty Scholarship

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of legal ...


How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold 2010 Allard School of Law at the University of British Columbia

How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold

Faculty Publications

Over the past decade it has become increasingly common to speak of the emergence of a surveillance society. Surveillance is an almost inescapable part of 21st century life. There is a very real danger that individual privacy - as it is currently understood - may soon become a thing of the past. Some would argue privacy is already dead and we have no choice but to accept our newly transparent lives. For many, surveillance has become part of daily life during visit banks, stores, shopping malls, and many public streets and parks. Travel through airports subjects our bodies to physical scans and ...


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