David A. Koplow [*] [Full text of this Article in PDF is available at this link] I. Introduction The theory and practice of “social distancing” were suddenly thrust upon a startled U.S. and global population by the novel coronavirus pandemic in spring 2020, as we all learned the importance of establishing adequate buffer zones around ourselves and […]
CFIUS Preemption
Kristen E. Eichensehr [*] [Full text of this Article in PDF is available at this link] I. Introduction In June 2021, Texas enacted the Lone Star Infrastructure Protection Act (LSIPA) to prohibit both companies and Texas governmental entities from entering into agreements relating to critical infrastructure with companies that have certain ties to China, Iran, North Korea, […]
401–Forbidden: An Empirical Study of Foreign Intelligence Surveillance Act Notices, 1990–2020
Sarah Beller [*] [Full text of this Article in PDF is available at this link] I. Introduction As Professor Xi Xiaoxing and his family slept, a dozen armed Federal Bureau of Investigation (“FBI”) agents broke into their house and arrested him.[1] The government charged Xi with selling trade secrets to China[2] and Temple University […]
Collective Cyber Countermeasures?
Michael N. Schmitt & Sean Watts[*] [Full text of this Article in PDF is available at this link] I. Introduction In May 2019, during remarks at the annual International Conference on Cyber Conflict, Estonian President Kersti Kaljulaid offered her government’s views on a number of key international legal questions relating to cyberspace.[1] Expressing concern at […]
Before “National Security”: The Espionage Act of 1917 and the Concept of “National Defense”
Daniel Larsen[*] [Full text of this Article in PDF is available at this link] I. Introduction The Trump Administration’s 2019 indictment of Julian Assange[1] under the Espionage Act of 1917[2] set off a wave of alarm across the press.[3] A decade earlier, the Obama Administration had launched what was called a “war on leakers”[4] as […]
Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers
Pavan S. Krishnamurthy & Javier Perez[*] [Full text of this Article in PDF is available at this link] I. Introduction On June 3, 2020, General (ret.) James Mattis addressed protesters who were physically dispersed from Lafayette Square to facilitate what he considered to be a photo opportunity by President Trump at St. John’s Church in […]