Main Edition
Dueling over Dual_EC_DRGB: The Consequences of Corrupting a Cryptographic Standardization Process
Nadiya Kostyuk and Susan Landau [*] [Full text of this Article in PDF is available at this link] Introduction The Internet presents a serious conundrum. Though well known to have security problems, the network is globally relied upon for commerce and used to control many critical systems and infrastructure. This inconsistency is partially explained by the fact that when someone says, "The Internet is insecure," they are often not referring to the communications network, but rather the applications that run on it. But it is also true...
Withdrawal from Afghanistan Marks Guantánamo’s Endpoint
David Glazier [*] [Full text of this Article in PDF is available at this link] Introduction The events of September 11, 2001 (9/11) represented a profound shock to both the American public and world legal order. For the first time, a terrorist group—traditionally regarded as criminals—committed violence of sufficient magnitude to constitute an armed attack that could allow the United States to legally exercise the right of self-defense in response.[1] President George W. Bush quickly termed 9/11 an act of war, and Congress...
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 Standard Form 86 (SF-86) is required of candidates for national security clearances. [3] Candidates for bar admission must complete a character and fitness form,[4] which the National Conference of Bar Examiners (NCBE) supplies many states.[5] Although there are other...
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 generals knew with certainty that fatalities and injuries would occur on both sides. With the development of technologically sophisticated and efficient defense systems, present-day armed attacks by less technologically advanced aggressors may result in no fatalities at...
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 all learned the importance of establishing adequate buffer zones around ourselves and sustaining a rigid keep-out perimeter against potential threats. Where common sense was insufficient, law augmented this effective barrier against intermingling and enforced the rigorous...
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 agreements relating to critical infrastructure with companies that have certain ties to China, Iran, North Korea, or Russia.[1] Spurred by concerns about a wind farm development by a Chinese company near a U.S. military installation,[2] the statute is intended—according to...
Online Edition
Drones as Crime-Fighting Tools in 2020: Legal and Normative Considerations
It’s 2020 and Boston has become a haven for homicide. Believing that an uptick in drug trafficking is responsible for the uptick in homicides—and left behind by its inability to break into the traffickers’ encrypted devices and communications—the Boston Police Department has a potential solution to its unsolved homicide problem: drones.
India’s Distressed Justice Sector: A Matter of U.S. National Security Concern
By Dan E. Stigall — This Article highlights the degree to which institutional frailty in the Indian justice sector poses a national security risk to the United States, and illuminates policy choices that can serve to mitigate this potential threat to U.S. persons and national interests. In particular, this Article demonstrates that a revitalized Indian justice sector would help create a bulwark against regional instability and the pernicious threat posed by global jihadist groups currently seeking a foothold in South Asia.
Lancelot in the Sky: Protecting Wounded Combatants from Incidental Harm
By Major R. Scott Adams. This Article will show that LOAC does not transform combatants into noncombatants under the hors de combat concept. It will then show that current U.S. policy is overly restrictive by erroneously granting noncombatant status to persons hors de combat.
The Aviation Insider Threat: An Assessment of Vulnerabilities and Countermeasures
Threats against aviation change constantly; countermeasures developed to combat emergent threats will become obsolete as new threats appear. Therefore, it is imperative for security practitioners to stay ahead of their enemies by identifying potential threats. This Article discusses ways in which current procedures fall short and should be reassessed.
Quis custodiet ipsos custodies?: Who Watches the Watchlisters?
This article summarizes the nature and purpose of the government’s terrorist watchlists, discusses the rules followed by agency screeners, explores the civil liberties implications of watchlisting, and identifies the need for oversight of the process.
Why Declarations of War Matter
Partially Unwinding Sanctions: The Problematic Construct of Sanctions Relief in the JCPOA
Stingray Surveillance: Legal Rules by Statute or Subsumption?
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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