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The Uncertain Constitutional Future of Trump’s Wall

By   5 days ago

By Alexa August Despite initial relief that the longest government shutdown in United States history finally ended on January 25, 2019, the celebration was short-lived. The score between Congress and the Executive has not been settled and questions remain regarding the future of separation of powers. Government employees and the nation remain anxious to see […]

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Using the GATT Security Exception for the Brexit-Irish Border Issue: Is it Sensible or Fantasy?

By   3 weeks ago

By: Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah A key part of Brexit negotiations focuses on the border that separates Northern Ireland and the Republic of Ireland. The UK and Ireland are currently part of the EU single market and customs union so goods do not need to be inspected for customs and standards. In December 2018, both the UK and EU […]

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The Forgotten Border: What the Wall Could Mean for Maritime Migration

By   2 months ago

By: Heather Wilson The U.S. maritime border spans more than 13,000 miles, approximately ten times longer than the U.S.-Mexico border. Thousands of migrants cross this maritime border each year, primarily along the Florida, Puerto Rico, California, and Louisiana coasts, accounting for 15% of all DHS apprehensions in 2016 (down from 21% in 2015). Between 2012 […]

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Reflection on the Death of President George H.W. Bush

By   2 months ago

There are those whom history has called “great” who derived their greatness from their physical strength, their tactical military brilliance, their penchant for economic modernization, or their sheer strength of will. Men and women as described above loom large in the history of the United States, and indeed the World. There is, however, another category […]

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Reflection on the Death of Senator John McCain

By   6 months ago

There are some deaths, in the history of a nation, a people, or a land, where their force and their impact seem to echo like a roar of thunder off a mountainside.  Such was the case, for the death last week of Senator John Sidney McCain III.  As a naval aviator, prisoner of war, congressman, […]

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In the Absence of Legal Authority: U.S. Airstrikes in Syria

By   10 months ago

By: Katherine Youssouf On Friday night, April 13th, at the order of the President, the United States launched a series of precision airstrikes against three Syrian military targets. These targets were believed to house, or contribute to the research and development of chemical weapons under the regime of Bashar al-Assad. The airstrikes were the result […]

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Fighting Poaching Fights Terrorism

By   10 months ago

By Frank E. Waliczek Africa is home to a growing number of terrorist organizations seeking expansion funds, as well as to a dwindling number of the world’s most endangered animals. Asia, namely Vietnam and China, offers a substantial black market of eager buyers willing to pay top-dollar for the body parts of these animals. The […]

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    News & Events View All →

    Reflection on the Death of President George H.W. Bush

    By   2 months ago

    There are those whom history has called “great” who derived their greatness from their physical strength, their tactical military brilliance, their penchant for economic modernization, or their sheer strength of will. Men and women as described above loom large in the history of the United States, and indeed the World. There is, however, another category […]

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    Harlem Suarez and the Standard for Entrapment

    By   11 months ago

    By: Andrew Glenn On July 25, 2015, a team of FBI agents broke cover with guns drawn and surrounded a white Toyota Camry in a Benihana parking lot. They immediately arrested a twenty-five-year-old man named Harlem Suarez. They then took his backpack containing a couple pound homemade nail bomb, which Suarez had just bought. Little […]

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    INCSEA and the Persistence of Dangerous Intercepts

    By   11 months ago

    By: Dale Ton In January, a Russian Air Force fighter jet intercepted a U.S. Navy surveillance plane over the Black Sea. During the two-hour-and-forty-minute encounter, the Russian jet maneuvered to within five feet of the American plane and passed closely in front of it, placing the American plane in a dangerous position flying through jet-wash. […]

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    The President’s Authority to Disclose Information, and the National Security Threat of the Nunes Memo

    By   12 months ago

    By: Maximilian Raileanu Introduction A couple of times over the past year, the Trump Administration has come under heavy fire for the declassification of sensitive information: first concerning President Trump’s meeting with the Russian Foreign Minister, and now the Nunes memo. During the meeting with the foreign minister, the President disclosed intelligence detailing critical insights […]

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    Annual Review of National Security Law

    By   1 year ago

    The 27th Annual Review of the field of National Security Law is taking place today November 16th, and tomorrow Friday, November 17th. Please join the American University Washington College of Law and the National Security Law Brief at the Capital Hilton as we discuss the issues facing national security law. Topics of the review range […]

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    Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

    By   1 year ago

    By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

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    Kaspersky, the NSA, and Data Breaches: Bad Security Practices

    By   1 year ago

    By Ryan Johnston – November 5, 2017 The NSA is one of the foremost agencies responsible for collecting data in the United States, but it has a big problem holding onto its own. It has recently come to light that in 2015 Russian agents stole highly classified NSA materials from a contractor’s personal computer. In […]

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      National Security Law View All →

      Feres v. United States: An Argument for Overturning the Long-Standing Doctrine

      By   4 days ago

      By: Katelyn Davis Disclaimer: The views expressed in this blog post are those of the author and do not necessarily reflect the views of the United States Department of Justice, the United States Federal Government, or any Authorized Representative thereof. March 9, 2014 was scheduled to be a happy, momentous occasion for the Daniel family. Lieutenant […]

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      The Uncertain Constitutional Future of Trump’s Wall

      By   5 days ago

      By Alexa August Despite initial relief that the longest government shutdown in United States history finally ended on January 25, 2019, the celebration was short-lived. The score between Congress and the Executive has not been settled and questions remain regarding the future of separation of powers. Government employees and the nation remain anxious to see […]

      Read More →

      Screening, Interrupted: Security Clearances, the SECRET Act, and Oversight of the Investigation Adjudication Process

      By   6 days ago

      By Maria Stratienko On January 24, 2019, NBC News reported that White House Senior Advisor Jared Kushner was denied a top-secret security clearance by career specialists, only for the decision to be overruled by a “quasi-political supervisor.” Citing concerns about the influence foreign operatives could have on Kushner – as has been reported in the […]

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      How The United States Can Expand its Leadership Role in Ending the Weaponization of Water

      By   3 weeks ago

      By: Jackson Garrity The weaponization of water is a problem in modern military conflicts.  This activity exacerbates humanitarian crises, which in turn intensifies a number of threats to American national security.  Among these threats are large numbers of displaced persons who must seek shelter abroad and power vacuums that allow terrorists to find safe havens amid anarchy.  Two examples of this are the […]

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      How Good Lawyering by the Obama Administration Saved Trump’s Iran Sanctions Reimposition

      By   3 weeks ago

      By: Samuel Cutler On November 5, 2018, the United States reimposed a comprehensive set of sanctions on Iran that had previously been lifted by the Obama administration as part of the Joint Comprehensive Plan of Action (JCPOA). Included among the various measures implemented by the Trump Administration was the redesignation of more than 700 individuals and entities […]

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      Star Wars Episode IX: President Trump’s Space Force

      By   3 weeks ago

      By: Max Raileanu On December 18, 2018, Vice President Mike Pence announced that President Donald Trump ordered the Pentagon to create a “combatant command.”  He continued by stating that: “The U.S. Space Command will integrate space capabilities across all branches of the military, it will develop the space doctrine, tactic, techniques and procedures that will enable our war […]

      Read More →

      Using the GATT Security Exception for the Brexit-Irish Border Issue: Is it Sensible or Fantasy?

      By   3 weeks ago

      By: Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah A key part of Brexit negotiations focuses on the border that separates Northern Ireland and the Republic of Ireland. The UK and Ireland are currently part of the EU single market and customs union so goods do not need to be inspected for customs and standards. In December 2018, both the UK and EU […]

      Read More →

        Counterterrorism View All →

        How Good Lawyering by the Obama Administration Saved Trump’s Iran Sanctions Reimposition

        By   3 weeks ago

        By: Samuel Cutler On November 5, 2018, the United States reimposed a comprehensive set of sanctions on Iran that had previously been lifted by the Obama administration as part of the Joint Comprehensive Plan of Action (JCPOA). Included among the various measures implemented by the Trump Administration was the redesignation of more than 700 individuals and entities […]

        Read More →

        Challenging Conditions of Confinement at Guantanamo Bay: Habeas Litigation in Aamer v. Obama

        By   1 month ago

        By: Katherine Youssouf Two months after September 11, 2001, President Bush, invoking his authority as Commander-in-Chief under Article II, Section 2 of the U.S. Constitution, issued a military order (M.O.) authorizing the establishment of military commissions at Guantanamo Bay, Cuba to try non-U.S. citizens who are current or former members of Al Qaida that have […]

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        Defining Terrorism: The Necessity of a Universal Definition to Protect Fundamental Freedoms

        By   2 months ago

        By: Alexa August Introduction The international community has attempted to formulate a comprehensive definition of “terrorism” since the days of the League of Nations, to no avail. Defining terrorism is inherently political, as one man’s freedom fighter is another man’s terrorist. International instruments predominantly do not contain a definition of terrorism due to its political […]

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        Far Right Extremism on the Rise: How US Law and Policy Falls Short in Preventing and Prosecuting Domestic Terrorism

        By   3 months ago

        By Helina Daniel With increased acts of domestic terrorism in the US, far right extremism is a growing threat in the US. The rise of domestic terrorism highlights how the US falls short in the prevention and prosecution of domestic acts of terror, especially as relates to those perpetrated by far right or white nationalist […]

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        Changes in Military Attitudes Toward Cultural Heritage Law

        By   3 months ago

        By: Bree Evans In 1954, the world gathered and produced the first-ever international treaty for the protection of cultural heritage: the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Among other protections, the Convention intends to safeguard immovable cultural property, like museums and archaeological sites, from use in […]

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        U.S. Options for the ICC’s Possible Afghanistan Investigation

        By   4 months ago

        By: David Johnson The Rome Statute was adopted on July 17, 1998, and went into effect on July 1 2002, establishing the ICC.  The ICC has jurisdiction over genocide, crimes against humanity, and war crimes committed by or in a country that is party to the statute, or crimes referred by the UN Security Council.  […]

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        Due Process in the Drone Era

        By   4 months ago

        By Alexa Potter   Shortly following the September 11, 2001 terrorist attacks on U.S. soil and as a means of self-defense, Congress passed the 2001 Authorization for Use of Military Force (AUMF). The AUMF authorized the President to “use all necessary and appropriate force” against those he determined to have planned, authorized, committed, or aided […]

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          Cybersecurity View All →

          Election Security in an Age of Electoral Cyber Warfare

          By   3 months ago

          By: Maria Latimer Election security has been an immense topic of debate since President Donald Trump secured the 2016 Presidential Election. Rumors swirled around media outlets, journals, and social media platforms insinuating that our election process, procedure, and overall outcome had been compromised by cyber-attacks and tampering by other nations such as China, North Korea, […]

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          Defending Against the Threat of Cyber Attacks and Its Legal Implications

          By   3 months ago

          By: Kimiya Gilani The rising threat and implementation of cyberattacks from foreign actors has compromised the basic foundation of American Democracy. Cyberspace and cyber-attacks are being used to disrupt our government and challenge our democratic processes. This threat of digital warfare has pushed us into the age of digital defense against these attacks. To defend the […]

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          The OPM Data Breach: Implications for Covert Employees

          By   4 months ago

            The 2014 breach of the Office of Personnel Management’s (OPM) databases affected over 20 million people who had background investigations conducted for government positions. Though the breach was initially discovered in 2015, details and impacts of the incident are still being uncovered today. As with other breaches, it has proven to be extremely difficult […]

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          Critical Questions for the Critical Infrastructure Designation for Financial Services

          By   1 year ago

          In light of recent hacks that have exposed the personal financial information of millions of Americans, NSLB’s Symposium Editor, Anthony Bjelke, explores critical questions concerning the designation of financial services as critical infrastructure.

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          Kaspersky, the NSA, and Data Breaches: Bad Security Practices

          By   1 year ago

          By Ryan Johnston – November 5, 2017 The NSA is one of the foremost agencies responsible for collecting data in the United States, but it has a big problem holding onto its own. It has recently come to light that in 2015 Russian agents stole highly classified NSA materials from a contractor’s personal computer. In […]

          Read More →

          Update Required? Analyzing the Electronic Communications Privacy Act

          By   1 year ago

          By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to Instagram are not private. But what about emails, text messages, health and financial records, or photos stored in the cloud? Although most people would assume that this information is protected—both by passwords and the Fourth […]

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          Ransomware: The Limitations of the Legal System

          By   2 years ago

          By: Ryan Johnston, November 10, 2016   Ransomware is on the rise; while is not a new form of cyber attack, the tools to launch ransomware attacks have become easier to obtain and use. Cyber criminals are targeting critical infrastructures, schools, hospitals, and other things essential to the survival of our nation. What is ransomware? […]

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            International Law View All →

            How The United States Can Expand its Leadership Role in Ending the Weaponization of Water

            By   3 weeks ago

            By: Jackson Garrity The weaponization of water is a problem in modern military conflicts.  This activity exacerbates humanitarian crises, which in turn intensifies a number of threats to American national security.  Among these threats are large numbers of displaced persons who must seek shelter abroad and power vacuums that allow terrorists to find safe havens amid anarchy.  Two examples of this are the […]

            Read More →

            Star Wars Episode IX: President Trump’s Space Force

            By   3 weeks ago

            By: Max Raileanu On December 18, 2018, Vice President Mike Pence announced that President Donald Trump ordered the Pentagon to create a “combatant command.”  He continued by stating that: “The U.S. Space Command will integrate space capabilities across all branches of the military, it will develop the space doctrine, tactic, techniques and procedures that will enable our war […]

            Read More →

            Using the GATT Security Exception for the Brexit-Irish Border Issue: Is it Sensible or Fantasy?

            By   3 weeks ago

            By: Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah A key part of Brexit negotiations focuses on the border that separates Northern Ireland and the Republic of Ireland. The UK and Ireland are currently part of the EU single market and customs union so goods do not need to be inspected for customs and standards. In December 2018, both the UK and EU […]

            Read More →

            The Forgotten Border: What the Wall Could Mean for Maritime Migration

            By   2 months ago

            By: Heather Wilson The U.S. maritime border spans more than 13,000 miles, approximately ten times longer than the U.S.-Mexico border. Thousands of migrants cross this maritime border each year, primarily along the Florida, Puerto Rico, California, and Louisiana coasts, accounting for 15% of all DHS apprehensions in 2016 (down from 21% in 2015). Between 2012 […]

            Read More →

            Defining Terrorism: The Necessity of a Universal Definition to Protect Fundamental Freedoms

            By   2 months ago

            By: Alexa August Introduction The international community has attempted to formulate a comprehensive definition of “terrorism” since the days of the League of Nations, to no avail. Defining terrorism is inherently political, as one man’s freedom fighter is another man’s terrorist. International instruments predominantly do not contain a definition of terrorism due to its political […]

            Read More →

            Changes in Military Attitudes Toward Cultural Heritage Law

            By   3 months ago

            By: Bree Evans In 1954, the world gathered and produced the first-ever international treaty for the protection of cultural heritage: the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. Among other protections, the Convention intends to safeguard immovable cultural property, like museums and archaeological sites, from use in […]

            Read More →

            United States Poorly Positioned to Rebut Russian Arctic Territorial Claims

            By   3 months ago

            By: Daniel Wiltshire Disclaimer: The views expressed herein are those of the blogger and are not to be construed as official or reflecting the views of the Commandant or of the U.S. Coast Guard. In 2014, the MV Nunavik became the first cargo ship to successfully transit the Arctic via the Northwest Passage.  The transit is notable […]

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