Main Edition
Protecting the U.S. National Security State from a Rogue President
Laura A. Dickinson* [This essay is available in PDF at this link] Abstract The presidency of Donald Trump revealed weaknesses in the U.S. constitutional structure and its legal rules, weaknesses that had been covered over for most of our history because presidents of...
Chip Security: Reconciling Industrial Subsidies with WTO Rules and National Security Exception
"Mark" Min Seong Kim* [This essay is available in PDF at this link] Abstract Justified as a national security law, the CHIPS and Science Act (“CHIPS Act”) channels an unprecedented $53 billion federal investment to reshore semiconductor production and reduce...
The Legality of Defending National Activities on the Moon
Francesca Giannoni-Crystal* [This essay is available in PDF at this link] Abstract This paper explores the issue of defending national activities on the Moon—the first celestial body that will be subject to human activities. Concentrated resources, insufficient...
Volume 15, Issue 2
Volume 15, Issue 2 is out!
Book Review: Hidden in Plain Sight: Redefining the Field of National Security (reviewing Race and National Security (Matiangai Sirleaf ed., Oxford Univ. Press 2023))
Aziza Ahmed [*] [This essay is available in PDF at this link] Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the...
The Significance of a Judicial Power to Identify Major Questions and Shield State Secrets for the Future of Foreign Affairs and National Security Governance
Karen C. Sokol [*] [This essay is available in PDF at this link] Foreign relations and national security law scholars devote significant attention to the expansion of executive power resulting from broad delegations of statutory authority or inaction by Congress and...
Large Constellations of Small Satellites: The Good, the Bad, the Ugly, and the Illegal
David A. Koplow [*] [This essay is available in PDF at this link] The most exciting and far-reaching contemporary developments regarding human activities in outer space arise from the recent drastic reductions in the costs of building, launching, and operating...
Performative Economic Sanctions: How Sanctions Work Without Economic Harm
Katniss Xuejiao Li[*] [This essay is available in PDF at this link] This Article proposes and develops a concept of performative economic sanctions, challenging the traditional notion that sanctions must inflict eco- nomic harm to be effective. It examines the...
How Private Actors Are Impacting U.S. Economic Sanctions
Maryam Jamshidi[*] [This essay is available in PDF at this link] Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes....
The Concept of “The Human” in the Critique of Autonomous Weapons
Kevin Jon Heller[*] [This essay is available in PDF at this link] The idea that using “killer robots” in armed conflict is unacceptable because they are not human is at the heart of nearly every critique of autonomous weapons. Some of those critiques are...