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 […]
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 […]
Legal Dialogue on Human Rights Obligations: NATO’s Aegean Sea Activity as a Case Study
Steven Hill[*] & Benjamin Bastomski[†] [This essay is available in PDF at this link] Introduction This Article examines the background, design, and early execution of NATO’s naval deployment in the Aegean Sea in support of broader international efforts to address the 2016 crisis involving persons crossing or attempting to cross waters in that area.[1] That crisis […]
A New AI Strategy to Combat Domestic Terrorism and Violent Extremism
Jonathan Fischbach[*] [This essay is available in PDF at this link] Introduction: A Revealing Inversion Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify illegal fishing, to algorithms that diagnose cancerous tumors, virtually compose symphonies, and predict vehicle failures.[1] Two communities within this expansive field, […]
Why Strict Cabinet Succession Is Always Bad Policy: A Response to Professor Jack Goldsmith and Ben Miller-Gootnick
Seth Barrett Tillman[*] [This essay is available in PDF at this link] In their Lawfare post,[1] Professor Jack Goldsmith and Ben Miller-Gootnick put forward the traditional argument that legislative-officer succession, as permitted by the Presidential Succession Act of 1947 (1947 Act),[2] leads to undesirable and destabilizing changes in party control. Quoting a report of the […]
Yes, Trump’s Shakedown of Ukraine Was Impeachable “Bribery”
A Government Lawyer[*] [This essay is available in PDF at this link] Introduction About two weeks before the U.S. House of Representatives impeached President Trump, Professor Josh Blackman and Seth Barrett Tillman published an article on Lawfare. In it, they argue that Trump’s withholding from Ukraine of military aid and a White House meeting, meant […]