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Revisiting Goldwater-Nichols: Why Making the Joint Staff A General Staff will Improve Civilian Control of the Military and Refine the Constitutional Balance of War Powers

the USS MAKIN ISLAND. He holds B.A.s in history and political science from Arizona State University, a J.D. from Liberty University School of Law, and an LL.M. in military and national security law from ... . If the civilians permit the soldiers to adhere to the military standard, the nations themselves may eventually find redemption and security in making that standard their own.1 INTRODUCTION: POLITICAL

Regulating the Use of Military Human Enhancements that Can Cause Side Effects Under the Law of Armed Conflict: Towards a Method-Based Approach

contextual reading of Article I, and the purpose of BWC, all of which limit the scope of “biological agents” to microorganisms.50 Besides, political and policy considerations also counsel against this reading ... prohibit HE that causes substantial suffering to enhanced warfighters. Nevertheless, on the one hand, considering the hostile political climate, it is unlikely that such a treaty can be easily negotiated in

The New Great Wall Against China

growth of China’s economic and political power, coupled with aggressive and ambitious technology acquisition and foreign investment efforts, have generated anxieties around the world. These anxieties ... , foreign investment law has always served both as a reflection of political and economic worries and a means to respond to those worries. From concerns over rising German and Japanese economic power in the

Rethinking Responsibility as Cooperation and Control: The Case of Intelligence Agents

See infra § V. 21 See infra § VI. 7 AMERICAN UNIVERSITY NATIONAL SECURITY LAW BRIEF such information is a soldier, an intelligence officer, a commander, or a political figure affiliated with an ... PROFESSIONAL (Jan Goldman ed. 2006); David L Perry, " Repugnant Philosophy": Ethics, Espionage, and Covert Action, 15 J. OF CONFLICT STUD. 1, 19 (1995). 36 See, e.g., Michael Kilian, CIA SAYS AMES EXPOSED

The Tallinn Manual 2.0 on Nation-State Cyber Operations Affecting Critical Infrastructure

example, nations may hack communications and energy systems to undermine their adversaries’ ability to respond militarily or to scare their citizens and lower political support for the government.”); See ... respect the territorial integrity and political independence of other states). 30 Id. at 18 ¶ 5. 31 Id. at 20-21. Experts noted that many states are becoming increasingly concerned about cyber operations

The American Security Drone Act: America's Paper Tiger vs. China's Trojan Horse

control app:     Uses libraries that request personal data about user’s religious and political affiliation, as well as security setting from connected social network application programming interfaces ... recent report using marketing presentations from the company’s public website “show Huawei pitching how its technologies can help government authorities identify individuals by voice, monitor political

The Capitol Riot, Racism and the Future of American Democracy

socioeconomic and political factors that lead to the coup, namely the ever-broadening gap between the rich and poor in America, along racial lines, massive unemployment leftover from a worldwide pandemic, and ... Nixon’, INSIDE HIGHER ED (Jan. 7, 2021), https://www.insidehighered.com/news/2021/01/07/historians-and-political-scientists-react-wednesdays-siege-capitol (writing that “[scholars] shared feelings of

An Analysis of Domestic and Foreign Legal Mechanisms to Counter the Rise of White Nationalism

, notable in the political right). 4 See StormFront, S. POVERTY L. CTR., https://www.splcenter.org/fighting-hate/extremist-files/group/stormfront (last visited May 9, 2021); see also Stormfront, ANTI ... to domestic organizations, but there are concerns that some public designations aim only to undermine certain organizations din order to signal “what kinds of political behavior cross the line from

President of the United States, Destroyer of Worlds: Considering Congress's Authority to Enact a Nuclear No-First-Use Law

of Defense, where senior officials requested the resignation of a political appointee overseeing the review.55 The ouster drew concern from Senator Ed Markey, who worried the appointee’s reassignment ... thousands of American lives. But would it be the same war after the first use of nuclear weapons? A broad range of informed opinion, running across the political spectrum, agrees that nuclear escalation of a

President of the United States, Destroyer of Worlds: Considering Congress's Authority to Enact a Nuclear No-First-Use Law

of Defense, where senior officials requested the resignation of a political appointee overseeing the review.55 The ouster drew concern from Senator Ed Markey, who worried the appointee’s reassignment ... thousands of American lives. But would it be the same war after the first use of nuclear weapons? A broad range of informed opinion, running across the political spectrum, agrees that nuclear escalation of a

Leveraging Domestic Law Against Cyberattacks

a cyber debate makes for a good political show, it bears little connection to reality. Such doomsday scenarios have played out numerous times on the silver screen, but not a single one has yet ... PM), https://www.lawfareblog.com/whats-ahead-cyber-norms-debate (arguing that “The fundamental differences and political divisions that torpedoed the discussions of the 2016-2017 GGE are unlikely to

The Artemis Accords: Employing Space Diplomacy to De-Escalate a National Security Threat and Promote Space Commercialization

Artemis Accords with eight other nations.10 The Artemis Accords are a multilateral political 2 Id. arts. II, IV. Kyle Evanoff, The Outer Space Treaty’s Midlife Funk, COUNCIL ON FOREIGN RELS.: THE ... POLITICAL HISTORY OF THE SPACE AGE 418–20 (1985). 25 Id. 26 Id. at 419. 27 Outer Space Treaty, supra note 1, art. I. 28 MCDOUGALL, supra note 24, at 419. 29 Id. It is worth noting that Brazil, acting on

Congress-In-Chief: Congressional Options to Compel Presidential War-Making

. Mississippi v. Johnson 237 iv. Johnson Applied B. Problems with a Lawsuit Against the President ............................................... 238 i. Political question doctrine 238 ii. Ministerial law ... Obama. It may give helpful context to the reader to imagine possible scenarios based on political sentiment in the not-so-distant past when Congress could have taken a more hawkish approach than the

Prejudiced by the Presence of God: Keeping Religious Material Out of Death Penalty Deliberations

anymoral philosophy as a basis for sentencing the defendant? Imagine that an atheist is chosen for one of the twelve seats in a capital trial. After having found the defendant guilty, the jury retires to the ... Clearly, a fundamentalist who is an avowed believer of the "eye for eye" philosophy would have a difficult time reasoning with a follower of Gandhi's philosophy. This exchange could lead to a philosophical

Legalizing Intelligence Sharing: A Consensus Approach

attached to liberty, to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they, at length, become willing to run the risk of ... /Law_Enforcement_Access_to_Data_ Across_Borders_2.pdf (detailing ways through which collection of private information can stifle rights and freedoms). 14 2019] LEGALIZING INTELLIGENCE SHARING to monitor political dissidents or

Insidious Encroachment? Strengthening the "Crown Jewels": The 2018 Reauthorization of FISA Section 702

gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it ... according to the facts and circumstances of the case.s 1 Behind this reasoning was an acknowledgement-similar to the theoretical underpinnings of the political question doctrines 2 -that courts are not

Ex Parte Quirin: The Nazi Saboteur Case and the Tribunal Precedent

by briefly tracing the background history of the Nazi plan to infiltrate the United States and weaken its war machine from the inside. Second, substantial attention is paid to the political and legal ... by a more bare-knuckled political warning, as Roosevelt personally warned Attorney General Francis Biddle that he would not “hand [the saboteurs] over to any United States marshal armed with a writ of

The Conservative Court and Torture Attenuation

charges against the defendants in a New York Article III court.50 That effort to try them domestically fell to bipartisan political opposition over concerns of safety and revealing intelligence information ... declaring that national security concerns that arise under torture are a “political question,” and a matter for other branches to decide.204 Conversely, the Court might turn to what originalists believe was

Cyber Warfare and the Jus Ad Bellum Challenges: Evaluation in the Light of the Tallinn Manual on the International Law Applicable to Cyber Warfare

political purpose in the definition of CNA. This will be further discussed in this chapter, in the definition of “cyber attack”. 3.2.2. cyBer crime 3.2.3. cyBer attack Cyber crime is understood as ... : “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent

Future of the AUMF: Lessons From Israel's Supreme Court

U.S. government.9 The U.S. Constitution establishes strong checks 1 J.D. Candidate, May 2015, American University Washington College of Law; M.A. Political Science, 2011, Hebrew University of Jerusalem ... is widely agreed, on both sides of the political spectrum, that the current AUMF cannot be used to justify armed conflict against new terrorist threats that do not legally fit under the law.84 Under