Michael N. Schmitt & Sean Watts[*] [Full text of this Article in PDF is available at this link] I. Introduction In May 2019, during remarks at the annual International Conference on Cyber Conflict, Estonian President Kersti Kaljulaid offered her government’s views on a number of key international legal questions relating to cyberspace.[1] Expressing concern at […]
Before “National Security”: The Espionage Act of 1917 and the Concept of “National Defense”
Daniel Larsen[*] [Full text of this Article in PDF is available at this link] I. Introduction The Trump Administration’s 2019 indictment of Julian Assange[1] under the Espionage Act of 1917[2] set off a wave of alarm across the press.[3] A decade earlier, the Obama Administration had launched what was called a “war on leakers”[4] as […]
Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers
Pavan S. Krishnamurthy & Javier Perez[*] [Full text of this Article in PDF is available at this link] I. Introduction On June 3, 2020, General (ret.) James Mattis addressed protesters who were physically dispersed from Lafayette Square to facilitate what he considered to be a photo opportunity by President Trump at St. John’s Church in […]
The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
Laura K. Donohue[*] [Full text of this Article in PDF is available at this link] I. Introduction In 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA) to govern domestic electronic intercepts undertaken for foreign intelligence purposes.[1] The statute represented the culmination of years of hearings directed to understanding the scope of surveillance programs conducted with […]
Volume 12, Issue 2
The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review by Laura K. Donohue The past eight years have witnessed an explosion in the number of publicly-available opinions and orders issued by the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. From only six opinions […]
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part II: Questions for the Record—Benefits to the United States from Foreign Sovereign Immunity
Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] Professor Chimène Keitner submitted written testimony, answered questions at the hearing, and provided written responses to follow-up Questions for the Record from […]