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Sequestration, Contingency Operations, and Why America Needs a Marine Corps

By   /  December 20, 2013  /  National Security Law  /  No Comments

On November 10, 1775 while sitting at a local tavern in Philadelphia, Benjamin Franklin witnessed the first of a few volunteers who would enlist their names in a log book to bear the title of United States Marine. During an era where a nation’s majesty was, in part, reflected on the might of its navy, […]

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UNCLOS-er than ever; why the U.S. should learn to stop worrying and love the law of the sea

By   /  December 19, 2013  /  International Law, News & Events, Trending Topics  /  No Comments

Robert Ballard, the oceanographer best known for discovering the wreckage of the RMS Titanic, has embarked on a ten-year project to map the U.S. underwater continental shelf. With a total combined area of 4.69 million square miles, the U.S. has the largest underwater holding in the world. These underwater seabeds are estimated to contain abundant natural resources critical to defense […]

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Bringing the “Crazy Bastards” Home: Ghailani and his Slow, Torturous Wait for a Speedy Trial

By   /  December 5, 2013  /  National Security Law, Trending Topics  /  No Comments

Simply stated, the American people do not want to close Guantanamo Bay, which is an isolated, military-controlled facility, to bring these crazy bastards who want to kill us all to the United States.                     – Senator Lindsay Graham I.          Crossruffing Reviving a model created by President Franklin D. Roosevelt’s 1942 order authorizing a military commission […]

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Warrantless Wiretapping Fallout Continues

By   /  December 3, 2013  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Featured, Fifth Amendment, First Amendment, FISA, Fourth Amendment, Human Rights in Cyberspace, Intelligence, National Security Law, National Security Law & Policy, Searches & Seizures, Surveillance, Terrorist Trials, Trending Topics  /  No Comments

Earlier this year, a Somali-American man, Mohamed Mohamud, was convicted of trying to use a weapon of mass destruction at a Christmas tree lighting ceremony in Portland, Oregon in 2010.  On Tuesday, November 19, 2013, the Department of Justice’s prosecutors filed a two-page notice in the United States District Court for the District of Oregon disclosing […]

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The Quirin Jury-Trial Exception Should be Expanded

By   /  November 26, 2013  /  Counterterrorism, Laws of War / International Humanitarian Law, National Security Law & Policy, Terrorist Trials  /  No Comments

The D.C. Circuit is currently debating whether to expand the jurisdiction of military commissions in al Bahlul v. United States.  After summarizing the genesis of this issue, this post reviews the arguments for expanding and concludes:  first, Congress has the constitutional authority to define and punish war crimes that are not violations of international law; […]

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