Laura K. Donohue[*] [Full text of this Article in PDF is available at this link] I. Introduction In 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA) to govern domestic electronic intercepts undertaken for foreign intelligence purposes.[1] The statute represented the culmination of years of hearings directed to understanding the scope of surveillance programs conducted with […]
Direct Participation in Hostilities in the Age of Cyber: Exploring the Fault Lines
Brig. Gen. (ret.) David Wallace, Col. Shane Reeves, and Maj. Trent Powell [*] [Full text of this Article in PDF is available at this link] I. Introduction Civilians contribute to nearly every war effort, and always have. Throughout history, non-military personnel have supplied logistic, economic, administrative, and political support to parties in armed conflicts. When civilian […]
Gray Zone Tactics and the Principle of Non-Intervention: Can “One of the Vaguest Branches of International Law” Solve the Gray Zone Problem?
Elizabeth K. Kiessling[*] [Full text of this Article in PDF is available at this link] I. Introduction States increasingly use their military forces to execute “gray zone tactics” in pursuit of strategic objectives.[1] These tactics exceed the limits of accepted peacetime competition between states but avoid rising to a level that would warrant a conventional military […]
No Oversight, No Limits, No Worries: A Primer on Presidential Spying and Executive Order 12,333
Mark M. Jaycox[*] [Full text of this Article in PDF is available at this link] I. Introduction In 2013, investigative journalists disclosed that the U.S. government had used section 215 of the USA PATRIOT Act as authorization for a now-defunct surveillance program that collected the daily call records of Americans from telecommunications companies.[1] Reporting also revealed […]
Pro-Constitutional Engagement
Nino Guruli[*] [Full text of this Article in PDF is available at this link] I. Introduction There is a common refrain in U.S. legal scholarship that an assertive exercise of judicial power in matters of national security jeopardizes established institutional arrangements. In war and national security, the executive takes the lead, with some legislative oversight.[1] The […]
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 […]