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 […]
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 […]
Volume 10, Issue 1 of the Harvard National Security Journal is now available.
In our latest Student Article, Dominic Rota, Belmont University College of Law ’18, discusses the implications of the advent of quantum computing on the international legal regulation of cyberwarfare.
by Jonathan Fischbach
by Major Dan Maurer—Limited strikes of debatable legality, such as the Trump Administration’s strike against Syrian chemical weapons facilities last spring, are likely to continue happening. Major Dan Maurer of the U.S. Army outlines 13 generic questions to guide senior military officers as they discuss planning these missions with civilian decision-makers.