Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality

by Jeremy K. Davis | Jun 19, 2020 | Main Articles, Volume 11

Jeremy K. Davis[*] [Full text of this Article in PDF is available at this link] I.   Introduction In the early morning hours of January 3, 2020, an American MQ-9 Reaper drone fired several missiles into a motor vehicle convoy leaving Baghdad International Airport.[1]...

Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee

by Scott Harman-Heath | Jun 19, 2020 | Main Articles, Volume 11

Scott Harman-Heath[*] [Full text of this Article in PDF is available at this link] Introduction For nearly three months beginning in September 2017, the United States detained a U.S. citizen “unnamed, uncharged, and, despite his request, without access to...

Defending Against the Military: The Posse Comitatus Act’s Exclusionary Rule

by Anthony J. Ghiotto | Jun 19, 2020 | Main Articles, Volume 11

Anthony J. Ghiotto[*] [Full text of this Article in PDF is available at this link] Introduction On March 10, 2009, Michael McClendon shot and killed his mother in their hometown of Kinston, Alabama.[1] He then travelled to Samson, Alabama, where he shot and killed...

Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?

by Susan Landau and Asaf Lubin | Jun 19, 2020 | Main Articles, Volume 11

Susan Landau & Asaf Lubin[*] [Full text of this Article in PDF is available at this link] Introduction The first of Edward Snowden’s disclosures was a Foreign Intelligence Surveillance Court (“FISC”) order requiring that Verizon provide the National Security...

Defense and Deference: Empirically Assessing Judicial Review of Freedom of Information Act’s National Security Exemption

by Paulina Perlin | Apr 7, 2020 | Main Articles, Volume 11

Paulina Perlin[*] [Full text of this Article in PDF is available at this link] Introduction In 1981, the Washington Post submitted a request to the Department of Defense under the Freedom of Information Act (“FOIA”)[1] for “information concerning the failed attempt in...

First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers

by Mailyn Fidler | Apr 7, 2020 | Main Articles, Volume 11

Mailyn Fidler[*] [Full text of this Article in PDF is available at this link] Introduction In October 2018, the federal district court in Minnesota sentenced former Federal Bureau of Investigation (“FBI”) agent Terry James Albury to four years in prison under the...