Main Edition
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...
Return to Sender?: Analyzing the Senior Leader “Open Letter” On Civilian Control of the Military
Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)[*] [This essay is available in PDF at this link] In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former...
Sovereignty, Article II, and the Military During Domestic Unrest
Christopher Mirasola[*] [This essay is available in PDF at this link] In this article, I contest two theories of inherent presidential power, rooted in Article II, to use the military to respond to domestic unrest during peacetime. This question is more contested than...
Volume 14, Issue 2
Volume 14, Issue 2 is out!
How the Erosion of U.S. War Powers Constraints Has Undermined International Law Constraints on the Use of Force
Oona A. Hathaway[*] [This essay is available in PDF at this link] The last several decades have witnessed a dramatic decline in the capacity of the U.S. Congress to constrain the president’s unilateral decisions to send the United States to war. That erosion of...
Strict Subordination: The Origins of Civil Control of Private Military Power in State Constitutions
Alden A. Fletcher[*] [This essay is available in PDF at this link] The resurgence of private militias claiming the protection of the Second Amendment raises a startling question: is the United States a country without a legal monopoly on the use of force? Perhaps not....