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Reflection on the Death of Senator John McCain

By   3 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   7 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   7 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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The Application of Economic Pressure to North Korea at Sea: Blockade or Quarantine?

By   8 months ago

Disclaimer: The views expressed herein are those of the author and are not to be construed as official or reflecting the views of the Commandant or of the U.S. Coast Guard. By: Daniel Wiltshire North Korea has made rapid progress in developing an intercontinental ballistic missile (ICBM) with the stated goal of being able to […]

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Not Without a Letter of Marque: The Constitutional Requirement Regarding the Use of Armed Private Military Contractors at Sea

By   8 months ago

Disclaimer: The views expressed in this article are those of the author and do not necessarily reflect the views of the USCG, DHS, or the U.S. Federal Government or any Authorized Representative thereof. By: Daniel Wiltshire Introduction: In the last 16 years, the U.S. Military has relied heavily on private military contractors (PMCs) to supplement […]

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Announcing the Spring 2018 Symposium

By   8 months ago

The National Security Law Brief is proud to announce the panelists and keynote speaker for the Spring 2018 Symposium on the law of the sea. If you would like to register for CLE credit you can do so here. 

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    News & Events View All →

    Harlem Suarez and the Standard for Entrapment

    By   8 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   8 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   9 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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    Pressure on Jordan: Refusal to extradite mastermind of deadly 2001 Sbarro suicide bombing in Jerusalem contravenes international law and agreements

    By   1 year 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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      National Security Law View All →

      How Changing Geography in the Arctic Poses a Challenge to American Economic and National Security

      By   7 days ago

      By: Jackson Garrity Climate change is a major concern to U.S. national security interests.  Fifty percent of Department of Defense sites surveyed in a 2018 study reported damage to assets such as airfields, piers, and training areas because of climate change related effects.  According to the World Bank, natural disasters such as floods and hurricanes displaced […]

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      U.S. Withdrawal and a Path Toward INF Treaty Compliance

      By   2 weeks ago

      By: Patrick Dozier On December 8, 1987, U.S. President Ronald Reagan and U.S.S.R. General Secretary Mikhail Gorbachev, signed the Intermediate-Range Nuclear Forces (INF) Treaty. The Treaty’s purpose was simple – elimination of both countries’ conventional and nuclear ballistic missiles with ranges from 500 to 5,500 kilometers. Additionally, the INF Treaty prohibited both countries from future […]

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      China’s Growing Influence in Africa: Implications for the United States

      By   2 weeks ago

      By Helina Daniel   Introduction As the Trump administration indicated in its  2017 National Security Strategy, Africa is a continent of promise full of the world’s fastest-growing economies and potential new economic markets and partners. The national security focus under Trump, unlike previous presidents, emphasizes the need for US economic security, with China and Africa […]

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      Defining National Security: How Expansive is the President’s Section 232 Tariff Authority

      By   3 weeks ago

      By: Anthony Bjelke Many lawyers outside the core of international trade practice have recently become more familiar with Section 232 of the Trade Expansion Act of 1962.  Over the course of the past year, the President has utilized this authority to impose tariffs for a number of products, starting with steel and aluminum.  A major […]

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      Due Process in the Drone Era

      By   1 month 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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      The Potential Implications of Revoking a Federal Career Employee’s Security Clearance Based on Political Affiliations

      By   1 month 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.   On August 11, 2018, President Trump introduced the American public to Bruce Ohr […]

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      Regulating the Second Amendment in an Era of Mass Shootings

      By   1 month ago

      By Maria Latimer   The term “school shooting” used to be synonymous with only a few American events: Kent State in 1970, Columbine in 1999,  and Virginia Tech in 2007. The stockpile of statistical data regarding gun violence in America is staggering. While high numbers draw shock and sympathy from readers, it is imperative to […]

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        Counterterrorism View All →

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

        By   3 weeks 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   1 month 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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        New War, Same Problem: Why the AUMF Needs To Be Updated

        By   6 months ago

        By: Joseph Epstein The United States Department of Defense has been conducting extensive operations throughout Africa against several different terrorist organizations, including al-Shabab and branches of ISIS. The strikes have been justified as a continuation of the war on terror; authorized domestically under the 2001 Authorization for the Use of Military Force (AUMF) and internationally […]

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        Fighting Poaching Fights Terrorism

        By   7 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 […]

        Read More →

        Harlem Suarez and the Standard for Entrapment

        By   8 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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        The Guantanamo Bay Executive Order

        By   8 months ago

        By: Rachel Bauer Guantanamo Bay will continue to stay open and active. On January 30, 2018, President Trump signed an Executive Order, revoking President Obama’s 2009 Executive Order that would have closed Guantanamo Bay. Due to this action, the Supreme Court must make a determination as to the application of the AUMF to ISIS, as […]

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        Why the First Step to Re-Characterizing Mass Shootings Starts with Banning Bump Stocks

        By   8 months ago

        By: Abigail Kittredge More than 15,000 Americans die each year from guns. Mass shootings have plagued communities in the U.S. for almost twenty years following the thirteen students killed at Columbine High School in 1999. Fifty-eight people were killed on October 1, 2017. Forty-nine more were killed on June 12, 2016. Thirty-two dead on April […]

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          Cybersecurity View All →

          Defending Against the Threat of Cyber Attacks and Its Legal Implications

          By   1 day 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   1 month 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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          The Intersection of “Internet Terrorism” and “Individual Privacy” in the Context of the First Amendment

          By   3 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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            International Law View All →

            The Living Alliance: Montenegro’s Accession to NATO

            By   6 hours ago

            By: Trevor Herden Montenegro, nestled between Serbia and the Adriatic Sea in the Balkans, is home to about 600,000 people, split largely among ethnic Montenegrins and Serbians. With historic ties to Russia, but trending towards greater connection with the west, Montenegro is well-positioned to be an important regional actor. Montenegro’s accession to NATO in 2017 […]

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            Defending Against the Threat of Cyber Attacks and Its Legal Implications

            By   1 day 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 […]

            Read More →

            How Changing Geography in the Arctic Poses a Challenge to American Economic and National Security

            By   7 days ago

            By: Jackson Garrity Climate change is a major concern to U.S. national security interests.  Fifty percent of Department of Defense sites surveyed in a 2018 study reported damage to assets such as airfields, piers, and training areas because of climate change related effects.  According to the World Bank, natural disasters such as floods and hurricanes displaced […]

            Read More →

            U.S. Withdrawal and a Path Toward INF Treaty Compliance

            By   2 weeks ago

            By: Patrick Dozier On December 8, 1987, U.S. President Ronald Reagan and U.S.S.R. General Secretary Mikhail Gorbachev, signed the Intermediate-Range Nuclear Forces (INF) Treaty. The Treaty’s purpose was simple – elimination of both countries’ conventional and nuclear ballistic missiles with ranges from 500 to 5,500 kilometers. Additionally, the INF Treaty prohibited both countries from future […]

            Read More →

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

            By   3 weeks 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.  […]

            Read More →

            Defining National Security: How Expansive is the President’s Section 232 Tariff Authority

            By   3 weeks ago

            By: Anthony Bjelke Many lawyers outside the core of international trade practice have recently become more familiar with Section 232 of the Trade Expansion Act of 1962.  Over the course of the past year, the President has utilized this authority to impose tariffs for a number of products, starting with steel and aluminum.  A major […]

            Read More →

            The National Security Implications of the Chinese Acquisition of GNC Holdings, Inc.

            By   1 month ago

            By Max Raileanu The U.S. Department of the Treasury describes the Committee on Foreign Investment in the United States (“CFIUS”) as being an “interagency committee authorized to review certain transactions involving foreign investment in the United States (“covered transactions”), in order to determine the effect of such transactions on the national security of the United […]

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