Main Edition
Is Esquire a Higher Clearance than Top Secret?: A Comparison of the Bar Admission and National Security Clearance Processes
John Cook [*] [Full text of this Article in PDF is available at this link] . . . Introduction To work in either the national security field or the legal profession, candidates must endure the substantial hurdle of a highly invasive background check. Submission of the...
Iron Dome and Jus Ad Bellum Proportionality
Shelly Aviv Yeini [*] [Full text of this Article in PDF is available at this link] I. Introduction In earlier times, before the start of battle, soldiers with swords in hand quietly waited for the order to attack. Regardless of whether they won or lost, opposing...
Reverse Distinction: A U.S. Violation of the Law of Armed Conflict in Space
David A. Koplow [*] [Full text of this Article in PDF is available at this link] I. Introduction The theory and practice of “social distancing” were suddenly thrust upon a startled U.S. and global population by the novel coronavirus pandemic in spring 2020, as we...
CFIUS Preemption
Kristen E. Eichensehr [*] [Full text of this Article in PDF is available at this link] I. Introduction In June 2021, Texas enacted the Lone Star Infrastructure Protection Act (LSIPA) to prohibit both companies and Texas governmental entities from entering into...
401–Forbidden: An Empirical Study of Foreign Intelligence Surveillance Act Notices, 1990–2020
Sarah Beller [*] [Full text of this Article in PDF is available at this link] I. Introduction As Professor Xi Xiaoxing and his family slept, a dozen armed Federal Bureau of Investigation (“FBI”) agents broke into their house and arrested him.[1] The government...
Collective Cyber Countermeasures?
Michael N. Schmitt & Sean Watts[*] [Full text of this Article in PDF is available at this link] I. Introduction In May 2019, during remarks at the annual International Conference on Cyber Conflict, Estonian President Kersti Kaljulaid offered her government’s...
Before “National Security”: The Espionage Act of 1917 and the Concept of “National Defense”
Daniel Larsen[*] [Full text of this Article in PDF is available at this link] I. Introduction The Trump Administration’s 2019 indictment of Julian Assange[1] under the Espionage Act of 1917[2] set off a wave of alarm across the press.[3] A decade earlier, the Obama...
Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers
Pavan S. Krishnamurthy & Javier Perez[*] [Full text of this Article in PDF is available at this link] I. Introduction On June 3, 2020, General (ret.) James Mattis addressed protesters who were physically dispersed from Lafayette Square to facilitate what he...
The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review
Laura K. Donohue[*] [Full text of this Article in PDF is available at this link] I. Introduction In 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA) to govern domestic electronic intercepts undertaken for foreign intelligence purposes.[1] The...
Direct Participation in Hostilities in the Age of Cyber: Exploring the Fault Lines
Brig. Gen. (ret.) David Wallace, Col. Shane Reeves, and Maj. Trent Powell [*] [Full text of this Article in PDF is available at this link] I. Introduction Civilians contribute to nearly every war effort, and always have. Throughout history, non-military personnel...