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 […]
Shining Light on the “Going Dark” Phenomenon: U.S. Efforts to Overcome the Use of End-to-End Encryption by Islamic State Supporters
Ryan Pereira [*] [This article is available as a PDF at this link.] Introduction On May 3, 2015, two individuals committed to the Islamic State (IS) and armed with high-powered assault rifles opened fire at a contest for cartoon depictions of the Prophet Muhammad held in Garland, Texas.[1] The two gunmen injured an off-duty police […]
Postwar
Robert M. Chesney* The following is a re-posting of a Volume 5 print article by Robert M. Chesney, the full text of which is available at this link. The article is newly relevant in light of the current situation in Afghanistan. Abstract Does it really matter, from a legal perspective, whether the U.S. government continues […]
Collective Cyber Countermeasures?
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 […]