Online Edition
Impractical and Unconstitutional: The Stored Communications Act Post-Carpenter
Richard McCutcheon*1 [This essay is available in PDF at this link] Introduction The Stored Communications Act (SCA)[1] has generated numerous practical headaches for academics and judges as digital technology advances in scope and importance.[2] Created in...
National Security and Domestic Terrorism: The Legal and Legal Policy Implications of Creating a Domestic Terrorism Organization List
Thomas Edward Brzozowski[1]* [This essay is available in PDF at this link] I. Introduction The terrorist attacks of 9/11 radically altered the U.S. counter-terrorism apparatus and resulted in the creation of a host of new governmental departments and agencies...
Exploring the Application of Force Majeure for AI Mistakes in Armed Conflict
Fatemah Albader[*] [This essay is available in PDF at this link] Introduction With the fast-evolving and increasing reliance on artificial intelligence (AI) technology in armed conflict, the question of when a state may be held responsible for AI mistakes is no...
Expanding Lawful Influence Operations
Justin Malzac[*] [This essay is available in PDF at this link] “It’s always easier to stamp out a small ember than to put out a raging fire.” [1] — Lloyd Austin, Secretary of Defense Introduction Influence operations, including propaganda and psychological operations,...
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part IV: Questions for the Record—Federal Government Response to Coronavirus and U.S. Public Health Leadership Role
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] Professor Chimène Keitner...
3D Printed Speech: 3D-Printer Code Under Constitutional Scrutiny
Andrew Huang[*] [This article is available in PDF at this link] I. Introduction In May 2013, at a remote firing range deep in central Texas, there was silence. Then, a sharp crack reverberated across the prairieland as engineers led by then-25-year-old Cody Wilson...
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part III: Questions for the Record—Private Litigation Will Likely Fail to Secure Relief for U.S. Victims
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] Professor Chimène Keitner...
Shining Light on the “Going Dark” Phenomenon: U.S. Efforts to Overcome the Use of End-to-End Encryption by Islamic State Supporters
Ryan Pereira [*] [This article is available as a PDF at this link.] Introduction On May 3, 2015, two individuals committed to the Islamic State (IS) and armed with high-powered assault rifles opened fire at a contest for cartoon depictions of the Prophet Muhammad held...
Postwar
Robert M. Chesney* The following is a re-posting of a Volume 5 print article by Robert M. Chesney, the full text of which is available at this link. The article is newly relevant in light of the current situation in Afghanistan. Abstract Does it really matter, from a...
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part II: Questions for the Record—Benefits to the United States from Foreign Sovereign Immunity
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] Professor Chimène Keitner...