All Journal: National Security & Homeland Security items

Foreign PolicyThe Constitution

A Bellicose Founding Charter: The US and Providing for the “Common Defence”

Foreign PolicyInternational Law

China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Terrorism and CounterterrorismThe Constitution

An Army Turned Inward: Reforming the Insurrection Act to Guard Against Abuse

Foreign PolicyInternational Security

Managing the Terrorism Threat with Drones

Defense PolicyForeign Policy

Endless War Challenges Analysis of Drone Strike Effectiveness

Military Law

On the Precipice: Democracy, Disaster, and the State Emergency Powers That Govern Elections in Crises

Defense PolicyMilitary Law

The First Calling Forth Clause: The Constitution’s Non-Emergency Power to Call Forth the Militia to Execute the Laws

CyberespionageIntelligence

Willfulness and the Harm of Unlawful Retention of National Security Information

CybercrimeCyberespionage

Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability

Foreign PolicyInternational Security

FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security

Military Law

Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine

Defense PolicyForeign Policy

By, With, And Through: Section 1202 and the Future of Unconventional Warfare

COVID-19Human Rights

Guantanamo Detention in the Time of COVID-19

Laws of WarThe Constitution

The Selling of a Precedent: The Past as Constraint on Congressional War Powers?

Law and Security in Space

Olive Branches or Fig Leaves: A Cooperation Dilemma for Great Power Competition in Space

CyberespionageCybersecurity

Active Cyber Measures: Reviving Cold War Debunking and Deterrence Strategy

Laws of War

War, What is it Good For? Almost Everything: Chinese Strategic Thought and a New U.S. Approach to Gray Zone Competition

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Big DataEmerging Technology

Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Foreign PolicyInternational Law

Assessment of National Security Concerns in the Acquisition of U.S. and U.K. Assets

Foreign PolicyIntelligence

Information Lawfare: Messaging and the Moral High Ground

The Constitution

Roosevelt’s “Limited” National Emergency: Crisis Powers in the Emergency Proclamation and Economic Studies of 1939

The Constitution

Reviving Liberal Constitutionalism With Originalism in Emergency Powers Doctrine

Terrorism and Counterterrorism

Lessons for the Next Twenty Years: What We’ve Learned in the Two Decades Since 9/11

IntelligenceInternational Security

FARA in Focus: What Can Russia’s Foreign Agent Law Tell Us About America’s?