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] This article memorializes the written testimony of Professor Chimène Keitner submitted in advance of that hearing.[2] This is the first part in […]
2021 Symposium Announcement – Racial and Intersectional Critiques of National Security Law – March 1-5, 2021
Register and receive the zoom link here: https://bit.ly/37mSFE5 (Image Credit: Staff Sgt. Kaily Brown, U.S. Army)
Updating the Fourth Amendment Analysis of U.S. Person Communications Incidentally Collected Under FISA Section 702
Peter G. Machtiger[*] [Full text of this Article in PDF is available at this link] Introduction Following the terrorist attacks of September 11, 2001, the United States government rallied around its national security apparatus to improve its ability to detect and prevent future acts of terrorism. As part of this mission, the Intelligence Community was asked […]
Direct Participation in Hostilities in the Age of Cyber: Exploring the Fault Lines
Brig. Gen. (ret.) David Wallace, Col. Shane Reeves, and Maj. Trent Powell [*] [Full text of this Article in PDF is available at this link] I. Introduction Civilians contribute to nearly every war effort, and always have. Throughout history, non-military personnel have supplied logistic, economic, administrative, and political support to parties in armed conflicts. When civilian […]
Gray Zone Tactics and the Principle of Non-Intervention: Can “One of the Vaguest Branches of International Law” Solve the Gray Zone Problem?
Elizabeth K. Kiessling[*] [Full text of this Article in PDF is available at this link] I. Introduction States increasingly use their military forces to execute “gray zone tactics” in pursuit of strategic objectives.[1] These tactics exceed the limits of accepted peacetime competition between states but avoid rising to a level that would warrant a conventional military […]
No Oversight, No Limits, No Worries: A Primer on Presidential Spying and Executive Order 12,333
Mark M. Jaycox[*] [Full text of this Article in PDF is available at this link] I. Introduction In 2013, investigative journalists disclosed that the U.S. government had used section 215 of the USA PATRIOT Act as authorization for a now-defunct surveillance program that collected the daily call records of Americans from telecommunications companies.[1] Reporting also revealed […]