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The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

By   4 weeks ago

By Robb Davies Following the enactment of the Justice Against Sponsors of Terrorism Act (JASTA) in September 2016, U.S. law permits litigants to sue foreign states tied to acts of terrorism committed in the United States. Its passage amended the Foreign Sovereign Immunities Act (FSIA), which previously restricted such litigation to claims against foreign states […]

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Shooting Down North Korean Missiles: A Legal Last Resort

By   2 months ago

By Joseph R. Epstein The 2017 threat assessment from the Director of National Intelligence labeled Russia, China, Iran, and The Democratic People’s Republic of [North] Korea (DPRK) as major threats to national security, citing their ambition to develop and modernize weapons of mass destruction (WMD) and the associated delivery systems. Recent developments have elevated a […]

Read More →

Critical Questions for the Critical Infrastructure Designation for Financial Services

By   2 months 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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Annual Review of National Security Law

By   2 months 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   2 months 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   2 months 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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Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

By   3 months ago

By Michelle Munneke, J.D. 2017, American University Washington College of Law. In March of this year, Jordan expressed its refusal to extradite the self-proclaimed mastermind of the 2001 Sbarro restaurant bombing in Jerusalem, Ahlam Ahmad Al-Tamimi, to the United States to face charges.[1] The attack killed 15 people, including two Americans, and injured another 122, […]

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    News & Events View All →

    Annual Review of National Security Law

    By   2 months 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 […]

    Read More →

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

    By   2 months 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 […]

    Read More →

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

    By   2 months 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 →

    Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

    By   3 months ago

    By Michelle Munneke, J.D. 2017, American University Washington College of Law. In March of this year, Jordan expressed its refusal to extradite the self-proclaimed mastermind of the 2001 Sbarro restaurant bombing in Jerusalem, Ahlam Ahmad Al-Tamimi, to the United States to face charges.[1] The attack killed 15 people, including two Americans, and injured another 122, […]

    Read More →

    Labeling Las Vegas: An Analysis of Declaring the Tragedy a Terrorist Attack

    By   3 months ago

    By Samuel Nicosia Tragedy swept the nation like wildfire on October 1, 2017, when Stephen Paddock opened fired on unsuspecting concertgoers at the Route 91 Harvest Music Festival on the Las Vegas Strip, resulting in the deaths of 58 Americans and injuring over 500 more. This attack is unparalleled, producing the highest number of victims […]

    Read More →

    Legal Implications of Detaining the Latest American Enemy Combatant

    By   3 months ago

    By Annica Mae Mattus It is around four weeks since the Department of Defense announced an American citizen is being detained by American forces as an enemy combatant after surrendering to Syrian Democratic Forces, but no additional details have since been made. This is not the first time that an American citizen has been detained […]

    Read More →

    2017 Spring NSLB Symposium: Cyber Space and Hacking; Meeting the Challenges of the Digital Age

    By   11 months ago

    Register for our Spring Symposium here: https://www.wcl.american.edu/secle/registration March 1st, from 1-5pm

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      Experts View All →

      Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

      By   3 months ago

      By Michelle Munneke, J.D. 2017, American University Washington College of Law. In March of this year, Jordan expressed its refusal to extradite the self-proclaimed mastermind of the 2001 Sbarro restaurant bombing in Jerusalem, Ahlam Ahmad Al-Tamimi, to the United States to face charges.[1] The attack killed 15 people, including two Americans, and injured another 122, […]

      Read More →

      The Washington Post Editorial Board Reads the Lawfare Blog

      By   6 years ago

      By Kenneth Anderson Jack Goldsmith and Benjamin Wittes have been arguing for several days now at the Lawfare blog that the Obama administration should release either the Justice Department opinion approving the Al-Awlaki attack, suitably redacted, or some statement that puts out in some detail it’s legal reasoning. The Washington Post has evidently read those […]

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      Why Palestinian Statehood is a Question for the U.N.

      By   6 years ago

      As the Palestinians seek U.N. support for a state of their own, Washington has advanced two arguments to dissuade them: first, that taking the issue of statehood to the United Nations is a unilateral move away from negotiations with Israel; and second, that the effort will be counterproductive because the United States will veto any […]

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      Wikileaks, the Espionage Act, and the First Amendment: The Law, Politics, and Policy of Prosecuting Julian Assange

      By   7 years ago

      On January 11, 2011, American University National Security Law Brief faculty advisors Daniel Marcus and Steven Vladeck participated in a featured event on the legal aspects of the WikiLeaks controversy and the applicability of the Espionage Act. In the days prior to the event, Professor Marcus also discussed the key issues involved on MSNBC’s The […]

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      Is “National Security Law” Inherently Paradoxical?

      By   7 years ago

      By Stephen Vladek I’m perhaps the last person who should be asking the question at the heart of this essay—whether “national security law” really deserves to be its own independent field of study, and, in that vein, an appropriate subject for field-specific publications such as this one. I offer this caveat at the outset not […]

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      Experts Challenge Legality of U.S. Drone Strikes in Pakistan

      By   7 years ago

      In the past week, U.N. investigators and law professors alike have spoken out concerning the CIA-directed drone strikes on al-Qaeda and Taliban suspects in Afghanistan and Pakistan. Christof Heyns, the U.N. special rapporteur on extrajudicial executions, argued in a report to the U.N. General Assembly that this program raised serious and unexamined concerns regarding the […]

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      Bellinger Op-Ed in Sunday NYT, Claims Bush and Obama Similar on Int'l Law

      By   8 years ago

      In a Sunday Op-Ed piece for the New York Times, John Bellinger, partner at Arnold & Porter (and former Bush State Dept. lawyer) asserted that Obama’s general approach to international law has thus far been similar to Bush’s. Two of the critical things Bellinger cites are the administrative difficulties that have slowed the closing of […]

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        National Security Law View All →

        “Fix NICS”: Potential Emergence of Further Gun Regulations

        By   6 days ago

        By Leemor Banai On August 1, 1966, Charles Whitman became the first mass shooter in American history. He killed seventeen people, including his wife and mother, and wounded more than thirty others on the University of Texas – Austin campus. Since then, mass shootings have become more common in today’s society, with two of the […]

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        The Spirit of North Americanism for Security and Diplomacy: A Case Study of the U.S. – Mexico Border

        By   1 week ago

        By: Irving Vidal Terrazas   Over the last eighteen months, the long lasting stable relationship between Mexico and the United States (U.S.) has changed dramatically. The new U.S. presidential administration has brought to question many of the latent issues affecting both nations, including security, immigration, economic growth, and the divergence of strategies. The changes directly affect […]

        Read More →

        China and the Manmade Islands: Responses from the Obama Administration and the Trump Administration

        By   2 weeks ago

        By Lauren Stimpert Since at least 2015, China has been constructing a series of artificial islands, including building on Mischief Reef in the Spratly Island chain. China’s artificial islands are intended for military purposes, outfitted with airways and military hangers. While Hague Tribunal’s ruling struck down China’s claim, invalidating their South China Sea claim, China […]

        Read More →

        Islamophobia: A Cause of Domestic Terrorist Attacks

        By   4 weeks ago

        By Jaime Rosenberg, December 22, 2017 The Islamic State (ISIS) has instilled fear into nations world-wide after conducting over 70 terrorist attacks in 20 different nations. After 9/11, Islamophobia has become an epidemic across the United States and is growing every day. Muslim Americans have felt physically threatened and made to believe that they are […]

        Read More →

        The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

        By   4 weeks ago

        By Robb Davies Following the enactment of the Justice Against Sponsors of Terrorism Act (JASTA) in September 2016, U.S. law permits litigants to sue foreign states tied to acts of terrorism committed in the United States. Its passage amended the Foreign Sovereign Immunities Act (FSIA), which previously restricted such litigation to claims against foreign states […]

        Read More →

        A New Administration and Sanctions on Russia

        By   2 months ago

        By Sammy Hamed Every election has consequences, and every new administration brings with it new policy changes, both domestically and abroad. The President has much more authority to determine foreign policy as Commander-in-Chief and our highest ranking diplomat. The President has the authority to make treaties, appoint ambassadors, and negotiate with other nations. On the […]

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        Shooting Down North Korean Missiles: A Legal Last Resort

        By   2 months ago

        By Joseph R. Epstein The 2017 threat assessment from the Director of National Intelligence labeled Russia, China, Iran, and The Democratic People’s Republic of [North] Korea (DPRK) as major threats to national security, citing their ambition to develop and modernize weapons of mass destruction (WMD) and the associated delivery systems. Recent developments have elevated a […]

        Read More →

          International Law View All →

          The Spirit of North Americanism for Security and Diplomacy: A Case Study of the U.S. – Mexico Border

          By   1 week ago

          By: Irving Vidal Terrazas   Over the last eighteen months, the long lasting stable relationship between Mexico and the United States (U.S.) has changed dramatically. The new U.S. presidential administration has brought to question many of the latent issues affecting both nations, including security, immigration, economic growth, and the divergence of strategies. The changes directly affect […]

          Read More →

          Cryptocurrency: The Hard Truth of Regulating a Revolutionary, Decentralized Market

          By   2 weeks ago

          By: Halie Peacher, January 5, 2018 Cryptocurrency is a market system that runs off of a limited entry network that is altered when specific conditions are fulfilled within blockchain. Consider it like writing a check and sending the check in the mail. The money is within your bank account and does not transfer until someone […]

          Read More →

          China and the Manmade Islands: Responses from the Obama Administration and the Trump Administration

          By   2 weeks ago

          By Lauren Stimpert Since at least 2015, China has been constructing a series of artificial islands, including building on Mischief Reef in the Spratly Island chain. China’s artificial islands are intended for military purposes, outfitted with airways and military hangers. While Hague Tribunal’s ruling struck down China’s claim, invalidating their South China Sea claim, China […]

          Read More →

          The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

          By   4 weeks ago

          By Robb Davies Following the enactment of the Justice Against Sponsors of Terrorism Act (JASTA) in September 2016, U.S. law permits litigants to sue foreign states tied to acts of terrorism committed in the United States. Its passage amended the Foreign Sovereign Immunities Act (FSIA), which previously restricted such litigation to claims against foreign states […]

          Read More →

          Shooting Down North Korean Missiles: A Legal Last Resort

          By   2 months ago

          By Joseph R. Epstein The 2017 threat assessment from the Director of National Intelligence labeled Russia, China, Iran, and The Democratic People’s Republic of [North] Korea (DPRK) as major threats to national security, citing their ambition to develop and modernize weapons of mass destruction (WMD) and the associated delivery systems. Recent developments have elevated a […]

          Read More →

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

          By   2 months 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 […]

          Read More →

          North Korean Missiles and the Legal Implications for the United States

          By   3 months ago

          By Maximilian Raileanu Article V of the Treaty of Mutual Cooperation and Security states that “Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger . . […]

          Read More →

            Counterterrorism View All →

            Islamophobia: A Cause of Domestic Terrorist Attacks

            By   4 weeks ago

            By Jaime Rosenberg, December 22, 2017 The Islamic State (ISIS) has instilled fear into nations world-wide after conducting over 70 terrorist attacks in 20 different nations. After 9/11, Islamophobia has become an epidemic across the United States and is growing every day. Muslim Americans have felt physically threatened and made to believe that they are […]

            Read More →

            The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

            By   4 weeks ago

            By Robb Davies Following the enactment of the Justice Against Sponsors of Terrorism Act (JASTA) in September 2016, U.S. law permits litigants to sue foreign states tied to acts of terrorism committed in the United States. Its passage amended the Foreign Sovereign Immunities Act (FSIA), which previously restricted such litigation to claims against foreign states […]

            Read More →

            Neo-Nazis, White Supremacists, and Free Speech: How far is too far?

            By   2 months ago

            By Alix Bruce In the wake of the slaying of Heather Heyer at a counter-protest to a neo-Nazi protest in Charlottesville, Virginia, a national dialogue on the definition of free speech and the application of the First Amendment has reopened. On both the internet and in the debate, the rights of not only Black Lives […]

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            The TSA’s Power to Screen and Prohibit Certain Electronic Devices on Airlines

            By   3 months ago

            By John R. Burns  On October 31, 2015, a Russian A321-200 airliner, operated by Metrojet, was blown out of the sky by an Islamic State of Iraq and Syria (“ISIS”) operative.  The operative used a bomb hidden in a soda can to bring down the aircraft.  “Russia said explosives weighing up to 1 kilogram, a […]

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            Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

            By   3 months ago

            By Michelle Munneke, J.D. 2017, American University Washington College of Law. In March of this year, Jordan expressed its refusal to extradite the self-proclaimed mastermind of the 2001 Sbarro restaurant bombing in Jerusalem, Ahlam Ahmad Al-Tamimi, to the United States to face charges.[1] The attack killed 15 people, including two Americans, and injured another 122, […]

            Read More →

            Labeling Las Vegas: An Analysis of Declaring the Tragedy a Terrorist Attack

            By   3 months ago

            By Samuel Nicosia Tragedy swept the nation like wildfire on October 1, 2017, when Stephen Paddock opened fired on unsuspecting concertgoers at the Route 91 Harvest Music Festival on the Las Vegas Strip, resulting in the deaths of 58 Americans and injuring over 500 more. This attack is unparalleled, producing the highest number of victims […]

            Read More →

            Legal Implications of Detaining the Latest American Enemy Combatant

            By   3 months ago

            By Annica Mae Mattus It is around four weeks since the Department of Defense announced an American citizen is being detained by American forces as an enemy combatant after surrendering to Syrian Democratic Forces, but no additional details have since been made. This is not the first time that an American citizen has been detained […]

            Read More →

              Cybersecurity View All →

              Cryptocurrency: The Hard Truth of Regulating a Revolutionary, Decentralized Market

              By   2 weeks ago

              By: Halie Peacher, January 5, 2018 Cryptocurrency is a market system that runs off of a limited entry network that is altered when specific conditions are fulfilled within blockchain. Consider it like writing a check and sending the check in the mail. The money is within your bank account and does not transfer until someone […]

              Read More →

              Critical Questions for the Critical Infrastructure Designation for Financial Services

              By   2 months 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.

              Read More →

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

              By   2 months 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   4 months 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   1 year 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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              The Intersection of “Internet Terrorism” and “Individual Privacy” in the Context of the First Amendment

              By   2 years ago

              “Deterring Russia, channeling growing Chinese power, and working with others to dismantle the Islamic State are daunting challenges — but not greater than rebuilding post-World War II Europe, containing the Soviet Union, ending the Cold War, and promoting democratic governance throughout much of the modern world.”[1] –James Dobbins The “modern world” that Ambassador James Dobbins speaks of has a […]

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              The Slippery Slope of Creating an iPhone Backdoor

              By   2 years ago

              By Gregory Coutros The FBI’s request that Apple provide an electronic backdoor into the iPhone used by the San Bernardino shooters is, on its face, a reasonable request. The government’s need to access the phone is undoubtedly important for national security so as to protect against terrorist attacks similar to the San Bernardino shooting. The […]

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