Main Edition
Gray Zone Tactics and the Principle of Non-Intervention: Can “One of the Vaguest Branches of International Law” Solve the Gray Zone Problem?
Elizabeth K. Kiessling[*] [Full text of this Article in PDF is available at this link] I. Introduction States increasingly use their military forces to execute “gray zone tactics” in pursuit of strategic objectives.[1] These tactics exceed the limits of accepted...
No Oversight, No Limits, No Worries: A Primer on Presidential Spying and Executive Order 12,333
Mark M. Jaycox[*] [Full text of this Article in PDF is available at this link] I. Introduction In 2013, investigative journalists disclosed that the U.S. government had used section 215 of the USA PATRIOT Act as authorization for a now-defunct surveillance program...
Pro-Constitutional Engagement
Nino Guruli[*] [Full text of this Article in PDF is available at this link] I. Introduction There is a common refrain in U.S. legal scholarship that an assertive exercise of judicial power in matters of national security jeopardizes established institutional...
Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality
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
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
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?
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
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
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...