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The Uncertain Constitutional Future of Trump’s Wall

By   6 months 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   7 months 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   8 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   9 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   12 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   1 year 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   1 year 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   9 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   1 year 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   1 year 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   1 year 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   2 years 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 years 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 years 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 →

      Effectiveness of Existing Legal Frameworks to Curtail Anti-Satellite Weapons Testing

      By   1 month ago

      By David Manthos   On March 27, 2019, India announced their successful test of a kinetic anti-satellite (ASAT) weapon, using a missile to shoot down one of their own satellites over the Indian Ocean. The test, dubbed Mission Shakti, surprised and alarmed experts around the world. NASA Administrator Jim Bridenstine condemned the test as a […]

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      What Individual Rights Apply For A Telepathic Future?

      By   3 months ago

      By: Halie B. Peacher President Dwight Eisenhower stated that the United States “must be forward looking in our research and development to anticipate the unimagined weapons of the future.” Not long after these words, President Eisenhower’s administration created what is now known as the Defense Advanced Research Projects Agency (“DARPA”). With a $3 million budget, […]

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      Interconnectedness & Responsibility

      By   3 months ago

      It is axiomatic that the introduction of the internet radically shaped history and conferred upon society the immeasurable capability for individuals to share interests, connect with others, and constantly learn. Since that breakthrough, the use of social media, in particular, has become a cultural and societal norm. Established with the purpose of effectuating a more […]

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      Defining “National Emergency” is a Distraction

      By   4 months ago

      By: Andrew Fiedler President Donald Trump recently declared Proclamation 9844 “Declaring a National Emergency Concerning the Southern Border of the United States.” Unlike what many news organizations are reporting, mere statements from the president do not expand executive power. The authority of the president to issue proclamations and the power of Congress to pass legislation […]

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      The Legal and Political Effects of the United States’ Designation of the IRGC as a Foreign Terrorist Organization

      By   4 months ago

      By: Charlie Lyons On April 8, 2019, President Trump said he plans to designatethe Islamic Revolutionary Guard Corps (IRGC) as a foreign terrorist organization. The highly debated decision is the first time the United States designated a branch of another nation’s government as a foreign terrorist organization. President Trump stated that this action “underscores the fact that […]

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      The Uncertain Future of the Iran Nuclear Deal

      By   4 months ago

      By: Alexandra Perona Iran is a nation that has a complex history. Once a strong ally of the West, it is now considered an existential threat like Russia and North Korea.Over time, there have been attempts to change these hostile diplomatic relations. The most recent attempt is the Iran Nuclear Deal under the Obama Administration.  […]

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      Defining the Future

      By   4 months ago

      By: Dave Johnson Soon after the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF).  In Section 2(a), it authorized the President to use “all appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks…”  This authorization is unique because the AUMF allowed […]

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        Counterterrorism View All →

        The Legal and Political Effects of the United States’ Designation of the IRGC as a Foreign Terrorist Organization

        By   4 months ago

        By: Charlie Lyons On April 8, 2019, President Trump said he plans to designatethe Islamic Revolutionary Guard Corps (IRGC) as a foreign terrorist organization. The highly debated decision is the first time the United States designated a branch of another nation’s government as a foreign terrorist organization. President Trump stated that this action “underscores the fact that […]

        Read More →

        Defining the Future

        By   4 months ago

        By: Dave Johnson Soon after the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF).  In Section 2(a), it authorized the President to use “all appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks…”  This authorization is unique because the AUMF allowed […]

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        Lighting the Way for the Next “Going Dark” Encryption Battle

        By   4 months ago

        By: Daniel de Zayas “[Encryption] takes us to a place—absolute privacy—that we have not been to before, where the balance we have long struck is fundamentally challenged and changed.” – James B. Comey It is no secret: Encryption has fueled tensions between the private sector and government.In the wake of the Snowden revelations, companies like Apple and Facebook […]

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        The War on ISIS: Coming to an End or Just Beginning?

        By   4 months ago

        By: Maria Latimer ISIS remains synonymous with terror in today’s society, but is the United States finally pulling back from its role in combating their reign? President Trump’s recent statement through Twitter proclaimed, “We have defeated ISIS in Syria, my only reason for being there during the Trump Presidency.” He then orderedthe withdrawal of more than […]

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        Implications of the United States’ Abrupt Withdrawal from Afghanistan

        By   5 months ago

        By: Helina Daniel In December 2018, President Trumpunexpectedly announced his decision to remove troops from Afghanistan, and recently senators have been cautioning against the abrupt move. The announcement also comes in the midst of conflicting assessments of the international threats facing the United States regarding the Middle East, which is causing concern amongst House and […]

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

        By   7 months 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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        Challenging Conditions of Confinement at Guantanamo Bay: Habeas Litigation in Aamer v. Obama

        By   7 months 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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          Cybersecurity View All →

          What Individual Rights Apply For A Telepathic Future?

          By   3 months ago

          By: Halie B. Peacher President Dwight Eisenhower stated that the United States “must be forward looking in our research and development to anticipate the unimagined weapons of the future.” Not long after these words, President Eisenhower’s administration created what is now known as the Defense Advanced Research Projects Agency (“DARPA”). With a $3 million budget, […]

          Read More →

          Lighting the Way for the Next “Going Dark” Encryption Battle

          By   4 months ago

          By: Daniel de Zayas “[Encryption] takes us to a place—absolute privacy—that we have not been to before, where the balance we have long struck is fundamentally challenged and changed.” – James B. Comey It is no secret: Encryption has fueled tensions between the private sector and government.In the wake of the Snowden revelations, companies like Apple and Facebook […]

          Read More →

          Giving Cyberwar a Geneva Convention

          By   4 months ago

          By: Joshua Stanley There has been no shortage of cyberattacks against the US filling up the news headlines over the last several years, from the Office of Personnel Management hack to the interference with the 2016 election and the WannaCry ransomware. In response, the Defense Department (DoD) released the summary for its Cyber Strategy last […]

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          The Looming Threat to the 2020 Election

          By   5 months ago

          By: Kimiya Gilani With the investigation that was sparked after the 2016 election, interference by Russia in the 2020 election is a looming threat. As technologies continue to advance and foreign actors’ capabilities and tactics are refined and progressed, the threat of intervention has increased and has further put  our democratic process in danger through […]

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          Anticipating the Emergence of Disruptive Technology

          By   6 months ago

          By: Sasha Brisbon Thomas Jefferson said in 1816, “Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.” […]

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          Watch Your SIM: SIM Swapping and Cryptocurrency Theft

          By   6 months ago

          When you get the chance, please take a few minutes to give this wonderful and insightful new piece by Heather Wilson a read!

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          Election Security in an Age of Electoral Cyber Warfare

          By   9 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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            International Law View All →

            Effectiveness of Existing Legal Frameworks to Curtail Anti-Satellite Weapons Testing

            By   1 month ago

            By David Manthos   On March 27, 2019, India announced their successful test of a kinetic anti-satellite (ASAT) weapon, using a missile to shoot down one of their own satellites over the Indian Ocean. The test, dubbed Mission Shakti, surprised and alarmed experts around the world. NASA Administrator Jim Bridenstine condemned the test as a […]

            Read More →

            What Individual Rights Apply For A Telepathic Future?

            By   3 months ago

            By: Halie B. Peacher President Dwight Eisenhower stated that the United States “must be forward looking in our research and development to anticipate the unimagined weapons of the future.” Not long after these words, President Eisenhower’s administration created what is now known as the Defense Advanced Research Projects Agency (“DARPA”). With a $3 million budget, […]

            Read More →

            The Uncertain Future of the Iran Nuclear Deal

            By   4 months ago

            By: Alexandra Perona Iran is a nation that has a complex history. Once a strong ally of the West, it is now considered an existential threat like Russia and North Korea.Over time, there have been attempts to change these hostile diplomatic relations. The most recent attempt is the Iran Nuclear Deal under the Obama Administration.  […]

            Read More →

            Defining the Future

            By   4 months ago

            By: Dave Johnson Soon after the terrorist attacks of September 11, 2001, Congress passed the Authorization for Use of Military Force (AUMF).  In Section 2(a), it authorized the President to use “all appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks…”  This authorization is unique because the AUMF allowed […]

            Read More →

            The Case for a Stronger NATO Post-INF Treaty

            By   5 months ago

            By: Patrick Dozier In early February, the United States announced that it will withdraw from the Intermediate-Range Nuclear Forces (INF) Treaty, which was signed in 1987 with the former Soviet Union regarding land-based missiles with a range between 300 and 3,400 miles. In early March, Russian President Vladimir Putin followed suit, formally suspending Russia’s obligations under […]

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            Implications of the United States’ Abrupt Withdrawal from Afghanistan

            By   5 months ago

            By: Helina Daniel In December 2018, President Trumpunexpectedly announced his decision to remove troops from Afghanistan, and recently senators have been cautioning against the abrupt move. The announcement also comes in the midst of conflicting assessments of the international threats facing the United States regarding the Middle East, which is causing concern amongst House and […]

            Read More →

            National Security, the Sunken Military Craft Act, and Federal Cultural Heritage Law

            By   5 months ago

            By: Bree Evans “Sunken military craft are not only of historical importance to the Nation, having served in all of its most critical moments, but are also often war graves and memorials to the men and women who served aboard them. Many carry unexploded ordnance that can pose public safety hazards or oil and other […]

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