Featured View All →

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

By   4 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   4 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 →

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

By   5 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   5 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   5 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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The SPACE Act, an Expanding Commercial Space Sector, and U.S. National Security

By   5 months ago

By: Frank E. Waliczek The world watched in awe as the United States put the first man on the moon in 1969 during the “Space Race” against the former Soviet Union. Though it was wonderful publicity for the country and an incredible feat of humanity, the primary goal of U.S. space programs has always been […]

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    News & Events View All →

    Harlem Suarez and the Standard for Entrapment

    By   5 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   5 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   6 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   9 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   9 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   10 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   10 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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      Experts View All →

      Announcing the Spring 2018 Symposium

      By   5 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. 

      Read More →

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

      By   10 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   7 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   7 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   8 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   8 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   8 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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        National Security Law View All →

        New War, Same Problem: Why the AUMF Needs To Be Updated

        By   3 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 […]

        Read More →

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

        By   4 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 […]

        Read More →

        Fighting Poaching Fights Terrorism

        By   4 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 →

        Rechristening Nuclear Superiority

        By   4 months ago

        By: Ammar Hussain On March 1st, Russian President Vladimir Putin announced that Russia had completed testing the “Satan 2,” a new hypersonic nuclear-capable ICBM. President Putin along with Russian state media went on to boast that the Satan 2 would be able to avoid any missile defense system currently employed by the United States and […]

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        The Guantanamo Bay Executive Order

        By   5 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 […]

        Read More →

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

        By   5 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 […]

        Read More →

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

        By   5 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 […]

        Read More →

          International Law View All →

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

          By   4 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 […]

          Read More →

          Fighting Poaching Fights Terrorism

          By   4 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 →

          Rechristening Nuclear Superiority

          By   4 months ago

          By: Ammar Hussain On March 1st, Russian President Vladimir Putin announced that Russia had completed testing the “Satan 2,” a new hypersonic nuclear-capable ICBM. President Putin along with Russian state media went on to boast that the Satan 2 would be able to avoid any missile defense system currently employed by the United States and […]

          Read More →

          The Guantanamo Bay Executive Order

          By   5 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 […]

          Read More →

          Avoiding the Turnip: US Navy Vessel Collisions and Tort Liability

          By   5 months ago

          By: Ian Jones-Muñiz   “When you’re figuring out who to sue, remember to avoid any parties that may be a turnip. Why? Because no matter how hard you squeeze, you’ll never get blood from a turnip.” – Author’s 1L tort law professor   Introduction In terms of collisions and other navigational incidents on the high […]

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

          By   5 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 […]

          Read More →

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

          By   5 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 […]

          Read More →

            Counterterrorism View All →

            New War, Same Problem: Why the AUMF Needs To Be Updated

            By   3 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 […]

            Read More →

            Fighting Poaching Fights Terrorism

            By   4 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   5 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 […]

            Read More →

            The Guantanamo Bay Executive Order

            By   5 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 […]

            Read More →

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

            By   5 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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            Attacking Opium Processing Labs in Afghanistan: Cutting a vital source of funding for terrorism

            By   6 months ago

            By: Amanda Swietlik The production and trafficking of narcotics, including opium and heroin, have long been major sources of revenue for terrorist organizations. Some would even apply the label of ‘drug cartel’ to groups like the Taliban. According to the United Nations Office on Drug and Crime, there has been an 87 percent increase in […]

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            Legally Banned: An Overview of President Trump’s Immigration Bans

            By   6 months ago

            By: Ammar Hussain On January 27, 2017, seven days after taking office, President Donald Trump issued an executive order aimed to bar immigrants from seven countries from entering the United States due to national security concerns. The countries included Iraq, Iran, Libya, Sudan, Syria, Somalia, and Yemen. The executive order also aimed to reduce the […]

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              Cybersecurity View All →

              Critical Questions for the Critical Infrastructure Designation for Financial Services

              By   9 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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              Kaspersky, the NSA, and Data Breaches: Bad Security Practices

              By   10 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   11 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   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   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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              Backdoors: National Security versus the Fourth Amendment

              By   2 years ago

              As citizens of the United States, we rely on our nation’s foundation of rights as defined by the Constitution. These fundamental rights are guaranteed us, and these rights are protected and enforced by our Government – but what happens when it is the Government that is testing the boundaries of one of those rights, namely, […]

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