A Comparative Study of Domestic Laws Constraining Private Sector Active Defense Measures in Cyberspace by Brian Corcoran The U.S. private sector is vulnerable in cyberspace. In response, an increasingly mainstream national security argument calls for amending U.S. law to permit private sector actors to employ so-called “active defense” measures—a group of loosely-defined technical measures that […]
Five Legal Takeaways from the Syrian War
Shane R. Reeves & Ronald T. P. Alcala* On December 19, 2018, President Trump ordered the withdrawal of U.S. forces from Syria.[1] While U.S. troops have not completely left Syria,[2] the slow drawdown provides an opportunity to reflect on some of the legal challenges that arose during the conflict. The U.S. Army regularly uses after […]
Volume 10, Issue 2
Issue 2 Totemic Functionalism in Foreign Affairs Law by Elad D. Gil In many Western democracies, and particularly in the United States, foreign affairs are primarily an executive enterprise. Owing to the executive’s relative institutional advantages over the legislature and the judiciary—in expertise, knowledge, speed, unitary structure, and democratic accountability—courts afford the President considerable deference […]
Speech—The United States Court of Appeals for Veterans Claims: The Newest Federal Court Experiment, Past, Present, and Future
[*] Chief Judge Robert N. Davis[†] I’m going to ask you to join me in a walk through the past, present, and a step into the future of the United States Court of Appeals for Veterans Claims, and when we get to the future I’m going to challenge you to make a system that is […]