Online Edition
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...
Thank Me for My Service: An Ethics Oversight in Department of Defense Social Media Policy
Matthew Fitzgerald[*] [This essay is available at this link] Introduction I think it might be edifying to you if you all had Facebook pages, because you might understand how it’s being used and misused.[1] In 2019, prominent “YouTuber” Austen Alexander posted a video...
The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part I: Written Testimony
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] This article memorializes the...
Updating the Fourth Amendment Analysis of U.S. Person Communications Incidentally Collected Under FISA Section 702
Peter G. Machtiger[*] [Full text of this Article in PDF is available at this link] Introduction Following the terrorist attacks of September 11, 2001, the United States government rallied around its national security apparatus to improve its ability to detect and...
Legal Dialogue on Human Rights Obligations: NATO’s Aegean Sea Activity as a Case Study
Steven Hill[*] & Benjamin Bastomski[†] [This essay is available in PDF at this link] Introduction This Article examines the background, design, and early execution of NATO’s naval deployment in the Aegean Sea in support of broader international efforts to address...
A New AI Strategy to Combat Domestic Terrorism and Violent Extremism
Jonathan Fischbach[*] [This essay is available in PDF at this link] Introduction: A Revealing Inversion Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify...
Why Strict Cabinet Succession Is Always Bad Policy: A Response to Professor Jack Goldsmith and Ben Miller-Gootnick
Seth Barrett Tillman[*] [This essay is available in PDF at this link] In their Lawfare post,[1] Professor Jack Goldsmith and Ben Miller-Gootnick put forward the traditional argument that legislative-officer succession, as permitted by the Presidential Succession Act...
Yes, Trump’s Shakedown of Ukraine Was Impeachable “Bribery”
A Government Lawyer[*] [This essay is available in PDF at this link] Introduction About two weeks before the U.S. House of Representatives impeached President Trump, Professor Josh Blackman and Seth Barrett Tillman published an article on Lawfare. In it, they argue...
Complex Determinations: Deciphering Enemy Nuclear Intentions
Louis René Beres[*] [This essay is available in PDF at this link] Introduction In early May 2019, U.S. President Donald Trump—responding to Kim Jung-un’s latest round of missile tests—sought to reassure the American public. His seat-of-the-pants comments, however,...
Perfidy in Cyberspace: The Requirement for Human Confidence
Sean K. Price[*] [This article is available in PDF at this link] Introduction The United States is under attack. In the months leading up to hostilities, the enemy’s intelligence agencies have identified key U.S. and allied military officials who use cloud-connected...