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on September 14, 2017 at 12:50 pm

India’s Distressed Justice Sector: A Matter of U.S. National Security Concern

By Dan E. Stigall — This Article highlights the degree to which institutional frailty in the Indian justice sector poses a national security risk to the United States, and illuminates policy choices that can serve to mitigate this potential threat to U.S. persons and national interests. In particular, this Article demonstrates that a revitalized Indian justice sector would help create a bulwark against regional instability and the pernicious threat posed by global jihadist groups currently seeking a foothold in South Asia.

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on August 8, 2017 at 11:44 am

Lancelot in the Sky: Protecting Wounded Combatants from Incidental Harm

By Major R. Scott Adams. This Article will show that LOAC does not transform combatants into noncombatants under the hors de combat concept. It will then show that current U.S. policy is overly restrictive by erroneously granting noncombatant status to persons hors de combat.

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on April 24, 2017 at 2:46 pm

The Aviation Insider Threat: An Assessment of Vulnerabilities and Countermeasures

Threats against aviation change constantly; countermeasures developed to combat emergent threats will become obsolete as new threats appear. Therefore, it is imperative for security practitioners to stay ahead of their enemies by identifying potential threats. This Article discusses ways in which current procedures fall short and should be reassessed.

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on February 1, 2017 at 3:49 pm

Quis custodiet ipsos custodies?: Who Watches the Watchlisters?

This article summarizes the nature and purpose of the government’s terrorist watchlists, discusses the rules followed by agency screeners, explores the civil liberties implications of watchlisting, and identifies the need for oversight of the process.

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on August 30, 2016 at 8:19 pm

Why Declarations of War Matter

By Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)* The Washington Post recently ran a story entitled “Would declaring ‘war’ on ISIS make victory more certain—or would it even matter?”[1] Among other things, it stated that today, “[m]ost legal scholars find a war declaration irrelevant.” Maybe so, but I’m not one of them. One scholar was quoted as saying that […]

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on July 15, 2016 at 11:09 pm

Partially Unwinding Sanctions: The Problematic Construct of Sanctions Relief in the JCPOA

By Sahand Moarefy By partially unwinding the sanctions regime against Iran, the United States has sought to achieve two goals: provide Iran some meaningful level of economic relief such that it carries through with its commitment to scale back its nuclear program, while preserving the U.S.’s architecture of sanctions that target Iran for non-nuclear reasons. Barring any additional actions by […]

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on July 15, 2016 at 10:32 pm

Stingray Surveillance: Legal Rules by Statute or Subsumption?

by Christopher Izant “[I]t would be very unfortunate if privacy protection in the 21st century were left primarily to the federal courts using the blunt instrument of the Fourth Amendment. Legislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will […]

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on March 22, 2016 at 8:54 pm

Religious Freedom as a National Security Imperative: A New Paradigm

This Article proffers a hitherto understated mechanism for the establishment, maintenance and cogent analysis of national security: the establishment and maintenance of religious pluralism. To date, official positions and scholarship sparingly comment on this assertion. To address these gaps and to offer a fresh perspective on this subject, this Article undertakes a legal analysis to buttress the notion that U.S. national security interests can be best served by working towards the establishment of religious pluralism around the globe. Due to its strategic relevance for U.S. national security, the case of Pakistan – and the constitutional and legal apparatus that undergirds its view of religious minorities – serves as a blueprint for understanding this new national security paradigm (“NNSP”).
Photo courtesy of Wikimedia Commons

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on March 22, 2016 at 8:28 pm

U.S. v. Al Bahlul: Where It’s Been and Where It’s Going

On November 13, 2001 then-President George W. Bush issued a military order that would forever be remembered. His military order “called for the [S]ecretary of [D]efense to detain non-citizens accused of international terrorism.” Specially, the order applied to members of al Qaeda, and “all those who have engaged in, aided, or conspired to commit international terrorist acts against the United States or its citizens.” The Secretary of Defense “[was] charged with establishing military tribunals (also called military commissions) to conduct trials of non-citizens accused of terrorism either in the United States or in other parts of the world.” Then-President Bush’s military order created the United States (U.S.) Military Commissions that have been the center of continued national and international criticism.
Photo courtesy of Wikimedia Commons

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on December 17, 2015 at 8:05 am

So You’re Telling Me There’s A Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks

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