Pro-Constitutional Engagement: Judicial Review, Legislative Avoidance and Institutional Interdependence in National Security by Nino Guruli This paper examines the role of legislatures and how judicial review can prompt legislative activity. In the national security arena, more emphasis tends to be placed on the dangers of judicial activity—understood as judicial activism—without adequate acknowledgement of the fact […]
Legal Dialogue on Human Rights Obligations: NATO’s Aegean Sea Activity as a Case Study
Steven Hill[*] & Benjamin Bastomski[†] [This essay is available in PDF at this link] Introduction This Article examines the background, design, and early execution of NATO’s naval deployment in the Aegean Sea in support of broader international efforts to address the 2016 crisis involving persons crossing or attempting to cross waters in that area.[1] That crisis […]
Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality
Jeremy K. Davis[*] [Full text of this Article in PDF is available at this link] I. Introduction In the early morning hours of January 3, 2020, an American MQ-9 Reaper drone fired several missiles into a motor vehicle convoy leaving Baghdad International Airport.[1] Among those killed in the U.S. attack was Major General Qassim Soleimani, Iran’s […]
Unnamed & Uncharged: Next Friend Standing and the Anonymous Detainee
Scott Harman-Heath[*] [Full text of this Article in PDF is available at this link] Introduction For nearly three months beginning in September 2017, the United States detained a U.S. citizen “unnamed, uncharged, and, despite his request, without access to counsel.”[1] The government asserted that John Doe was detained as an enemy combatant in Iraq and that no […]
Defending Against the Military: The Posse Comitatus Act’s Exclusionary Rule
Anthony J. Ghiotto[*] [Full text of this Article in PDF is available at this link] Introduction On March 10, 2009, Michael McClendon shot and killed his mother in their hometown of Kinston, Alabama.[1] He then travelled to Samson, Alabama, where he shot and killed five additional family members.[2] McClendon then fled in his vehicle, continuing to […]
Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?
Susan Landau & Asaf Lubin[*] [Full text of this Article in PDF is available at this link] Introduction The first of Edward Snowden’s disclosures was a Foreign Intelligence Surveillance Court (“FISC”) order requiring that Verizon provide the National Security Agency (“NSA”) with daily Call Detail Records (“CDRs”) for all communications to, from, or within the United […]