Online Edition
Stingray Surveillance: Legal Rules by Statute or Subsumption?
by Christopher Izant “[I]t would be very unfortunate if privacy protection in the 21st century were left primarily to the federal courts using the blunt instrument of the Fourth Amendment. Legislatures, elected by the people, are in a better position than we are to...
Religious Freedom as a National Security Imperative: A New Paradigm
This Article proffers a hitherto understated mechanism for the establishment, maintenance and cogent analysis of national security: the establishment and maintenance of religious pluralism. To date, official positions and scholarship sparingly comment on this assertion. To address these gaps and to offer a fresh perspective on this subject, this Article undertakes a legal analysis to buttress the notion that U.S. national security interests can be best served by working towards the establishment of religious pluralism around the globe. Due to its strategic relevance for U.S. national security, the case of Pakistan – and the constitutional and legal apparatus that undergirds its view of religious minorities – serves as a blueprint for understanding this new national security paradigm (“NNSP”).
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U.S. v. Al Bahlul: Where It’s Been and Where It’s Going
On November 13, 2001 then-President George W. Bush issued a military order that would forever be remembered. His military order “called for the [S]ecretary of [D]efense to detain non-citizens accused of international terrorism.” Specially, the order applied to members of al Qaeda, and “all those who have engaged in, aided, or conspired to commit international terrorist acts against the United States or its citizens.” The Secretary of Defense “[was] charged with establishing military tribunals (also called military commissions) to conduct trials of non-citizens accused of terrorism either in the United States or in other parts of the world.” Then-President Bush’s military order created the United States (U.S.) Military Commissions that have been the center of continued national and international criticism.
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So You’re Telling Me There’s A Chance: How the Articles on State Responsibility Could Empower Corporate Responses to State-Sponsored Cyber Attacks
By Daniel Garrie and Shane R. Reeves[1] Click here to read the full text as a PDF. “[U.S] information systems face thousands of attacks a day from criminals, terrorist organizations, and more recently from more than 100 foreign intelligence organizations.”[2] Looking forward, if the pace and intensity of attacks increase and are not met with […]
Assistant Attorney General for National Security John P. Carlin Delivers Remarks on the National Security Cyber Threat at Harvard Law School
Assistant Attorney General for National Security John P. Carlin delivered remarks at Harvard Law School on Thursday, December 3rd at an event hosted by the Harvard National Security Journal.
John Bellinger Visits Harvard Law School
In wide-ranging remarks at Harvard Law School on Friday October 16 2015 John Bellinger, now a partner Arnold & Porter LLP, reflected on his 29-year legal career in both the public and the private sectors, discussed international law, and encouraged students to pursue careers in national security.
The Mediterranean Migrant Crisis: Key Considerations for the UN Security Council
The recent tragedies involving migrants in the Mediterranean have stoked urgent calls for UN action.
The Historic Opening to China: What Hath Nixon Wrought?
When President Obama hosts Chinese leader Xi Jinping at the White House this week, he will do so as the eighth US president, starting with Richard Nixon, to engage with China based on a failed strategy. This article revisits a Foreign Affairs article—”Asia After Vietnam”—authored by Richard Nixon in October 1967.
Cross-eyed: Planning When Host-Nation and Intervener Rule of Law Strategies are Unaligned
By Major Dan Maurer* This essay imagines a fictional future ground conflict pitting the United States and a host country against a non-state militant terrorist organization that has seized territory. This hypothetical scenario imagines a “rule of law” mission in the...
Core Synergies in Israel’s Strategic Planning: When the Adversarial Whole Is Greater Than the Sum of Its Parts
To best serve Israel, the country’s strategic studies community should favor more conceptual or “molecular” assessments of expected security perils.
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