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PROBLEMATIC ALTERNATIVES: MLAT REFORM FOR THE DIGITAL AGE Jonah Force Hill. I. Introduction. As criminals (and their victims) increasingly communicate and store data online, law enforcement officials correspondingly seek greater access to digital information for criminal investigations and prosecutions. DRONES IN THE U.S. NATIONAL AIRSPACE SYSTEM: A SAFETY AND 3 areas continue to hold our national security at risk and plague drone integration efforts: (1) inadequate safety systems, (2) inadequate statutes, and (3) incomplete threat analyses. The authors ARTICLE DEMYSTIFYING THE TITLE 10-TITLE 50 DEBATE Harvard National Security Journal / Vol. 3 ask four military lawyers or DC policy wonks to define what "Title 10-Title 50 issues" means, you could get four different answers each cloaked in another layer of ambiguity, intrigue, and ignorance. The Title 10-Title 50 debate is essentially a debate about the proper roles and missions of U.S. military forces and intelligence agencies. 469 HARVARD NATIONAL SECURITY JOURNAL / VOL. 7 473 Harvard National Security Journal / Vol. 7 placed around Israel to protect large portions of the country.4 Batteries were also placed in Saudi Arabia where they THE LEGALITY OF KILLING OSAMA BIN LADEN By Stephen M. Pezzi — On Sunday, May 1st, an elite unit of U.S. Navy SEALs carried out a raid on a fortified home in Abottabad, Pakistan, during which Al-Qaeda leader Osama bin Laden was killed by two American bullets. Although the details surrounding the raid are not completely known, information has been seeping out to the public (often correcting, updating, or contradicting prior reports). FAHEY ACCESSCONTROL 06.08.18 2018 / Freedom of the Seas in the Arctic 155 Abstract Russia is the quintessential Arctic State, controlling most of the resources, territory and military power in the High North. ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone UPDATING THE FOURTH AMENDMENT ANALYSIS OF U.S. PERSONSEE MORE ON HARVARDNSJ.ORGAUTHOR: NSJ ONLINE A NEW AI STRATEGY TO COMBAT DOMESTIC TERRORISM AND VIOLENTSEE MORE ON HARVARDNSJ.ORGAUTHOR: NSJ ONLINE THE LOST DIMENSION: FOOD SECURITY AND THE SOUTH CHINA SEASEE MORE ONHARVARDNSJ.ORG
PROBLEMATIC ALTERNATIVES: MLAT REFORM FOR THE DIGITAL AGE Jonah Force Hill. I. Introduction. As criminals (and their victims) increasingly communicate and store data online, law enforcement officials correspondingly seek greater access to digital information for criminal investigations and prosecutions. DRONES IN THE U.S. NATIONAL AIRSPACE SYSTEM: A SAFETY AND 3 areas continue to hold our national security at risk and plague drone integration efforts: (1) inadequate safety systems, (2) inadequate statutes, and (3) incomplete threat analyses. The authors ARTICLE DEMYSTIFYING THE TITLE 10-TITLE 50 DEBATE Harvard National Security Journal / Vol. 3 ask four military lawyers or DC policy wonks to define what "Title 10-Title 50 issues" means, you could get four different answers each cloaked in another layer of ambiguity, intrigue, and ignorance. The Title 10-Title 50 debate is essentially a debate about the proper roles and missions of U.S. military forces and intelligence agencies. 469 HARVARD NATIONAL SECURITY JOURNAL / VOL. 7 473 Harvard National Security Journal / Vol. 7 placed around Israel to protect large portions of the country.4 Batteries were also placed in Saudi Arabia where they THE LEGALITY OF KILLING OSAMA BIN LADEN By Stephen M. Pezzi — On Sunday, May 1st, an elite unit of U.S. Navy SEALs carried out a raid on a fortified home in Abottabad, Pakistan, during which Al-Qaeda leader Osama bin Laden was killed by two American bullets. Although the details surrounding the raid are not completely known, information has been seeping out to the public (often correcting, updating, or contradicting prior reports). FAHEY ACCESSCONTROL 06.08.18 2018 / Freedom of the Seas in the Arctic 155 Abstract Russia is the quintessential Arctic State, controlling most of the resources, territory and military power in the High North. ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone HARVARD NATIONAL SECURITY JOURNAL Visit the post for more. Jonathan Fischbach Introduction: A Revealing Inversion Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify illegal fishing, to algorithms that diagnose cancerous tumors, virtually compose symphonies, and predict UPDATING THE FOURTH AMENDMENT ANALYSIS OF U.S. PERSON Peter G. Machtiger. Introduction. Following the terrorist attacks of September 11, 2001, the United States government rallied around its national security apparatus to improve its ability to detect and prevent futureacts of terrorism.
DEFENDING AGAINST THE MILITARY: THE POSSE COMITATUS ACT’S Anthony J. Ghiotto Introduction. On March 10, 2009, Michael McClendon shot and killed his mother in their hometown of Kinston, Alabama. He then travelled to Samson, Alabama, where he shot and killed five additional family members. McClendon then fled in his vehicle, continuing to shoot other motorists and innocent bystanders allARTICLE
425 2020 / Unnamed & Unchanged their own jurisdiction.16 For example, by identifying and alerting a detainee’s immediate family, the government notifies parties who in all likelihood could properly challenge the detainee’s continuing detention. ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone THE HIDDEN COST OF DRONE COMBAT: SOLDIERS’ MENTAL HEALTH Harvard National Security Journal Harvard Law School Caspersen Student Center Suite 3039 1585 Massachusetts Ave. Cambridge, MA 02138 nsj@mail.law.harvard.edu ARE WE REACHING A TIPPING POINT? HOW CONTEMPORARY See Brian J. Bill, The Rendulic “Rule”: Military Necessity, Commander’s Knowledge, and Methods of Warfare, in 12 Yearbook of International Humanitarian law 119, 128 (2009) (stating “uman life is no less valuable in war than in peace, but the need to resolve the contention between states through recourse to armed conflict has been permitted to outweigh that value in certain ARTICLE THE INTERPRETIVE GUIDANCE ON THE NOTION OF DIRECT 2010 / The Interpretive Guidance: A Critical Analysis 6 Although the planned output of the project was a consensus document, the proceedings proved highly contentious. ARTICLE RETHINKING WARFARE: THE AMBIGUITY OF CYBER ATTACKS 2015 / Rethinking Warfare 477 the remains of twelve Soviet soldiers and moved them all to a remote cemetery on the outskirts of the country’s capital.4 Verbal attacks from Russia against the Estonian government followed; the discontent suggested WHY THE US SHOULD RATIFY UNCLOS: A VIEW FROM THE SOUTH AND By: Christopher Mirasola* Popular media has largely ignored recent satellite imagery shows that China recently finished construction of an artificial island, helipad, and anti-aircraft tower in the Spratly Islands, a highly contested piece of territory. Given that this is just the most recent episode of a larger push for military construction, it is concerning that Congress has largely failed UPDATING THE FOURTH AMENDMENT ANALYSIS OF U.S. PERSONSEE MORE ON HARVARDNSJ.ORGAUTHOR: NSJ ONLINE DRONES IN THE U.S. NATIONAL AIRSPACE SYSTEM: A SAFETY AND The National Airspace System (NAS) is a highly integrated and complex network designed to provide safe and reliable air transportation throughout the United States with an average of 50,000 manned flights a day. In a single month of 2014, domestic airlines transported more than 66.4 million passengers, or one fifth of the U.S.population.
ARTICLE DEMYSTIFYING THE TITLE 10-TITLE 50 DEBATE Harvard National Security Journal / Vol. 3 ask four military lawyers or DC policy wonks to define what "Title 10-Title 50 issues" means, you could get four different answers each cloaked in another layer of ambiguity, intrigue, and ignorance. The Title 10-Title 50 debate is essentially a debate about the proper roles and missions of U.S. military forces and intelligence agencies. THE LEGALITY OF KILLING OSAMA BIN LADEN What is known for certain: Osama bin Laden was intentionally targeted and killed, after some measure of resistance, and buried at sea. A few hours later, in a late-night address to the nation, President Obama declared to the American people that “justice has been done.”. The raid took place without Pakistani knowledge, consent, or THE LOST DIMENSION: FOOD SECURITY AND THE SOUTH CHINA SEASEE MORE ONHARVARDNSJ.ORG
ARTICLE NATIONAL SECURITY AND DOUBLE GOVERNMENT MICHAEL J be tried by a civilian court or a military tribunal;5 kept the military prison at Guantánamo Bay open,6 argued that detainees cannot challenge the conditions of their confinement,7 and restricted detainees’ access to legal counsel;8 resisted efforts to extend the right of habeas corpus to other off- shore prisons;9 argued that detainees cannot invoke the Geneva Conventions 469 HARVARD NATIONAL SECURITY JOURNAL / VOL. 7 473 Harvard National Security Journal / Vol. 7 placed around Israel to protect large portions of the country.4 Batteries were also placed in Saudi Arabia where they THE HIDDEN COST OF DRONE COMBAT: SOLDIERS’ MENTAL HEALTH The Hidden Cost of Drone Combat: Soldiers’ Mental Health. If you envision a soldier on the front-lines of combat, you might picture an arid desert where the slightest lack of focus could mean the difference between life and death. You could picture someone exposed to the grotesque horrors of war, defending their fellow warfightersfrom
ARTICLE THE INTERPRETIVE GUIDANCE ON THE NOTION OF DIRECT 2010 / The Interpretive Guidance: A Critical Analysis 6 Although the planned output of the project was a consensus document, the proceedings proved highly contentious. ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone UPDATING THE FOURTH AMENDMENT ANALYSIS OF U.S. PERSONSEE MORE ON HARVARDNSJ.ORGAUTHOR: NSJ ONLINE DRONES IN THE U.S. NATIONAL AIRSPACE SYSTEM: A SAFETY AND The National Airspace System (NAS) is a highly integrated and complex network designed to provide safe and reliable air transportation throughout the United States with an average of 50,000 manned flights a day. In a single month of 2014, domestic airlines transported more than 66.4 million passengers, or one fifth of the U.S.population.
ARTICLE DEMYSTIFYING THE TITLE 10-TITLE 50 DEBATE Harvard National Security Journal / Vol. 3 ask four military lawyers or DC policy wonks to define what "Title 10-Title 50 issues" means, you could get four different answers each cloaked in another layer of ambiguity, intrigue, and ignorance. The Title 10-Title 50 debate is essentially a debate about the proper roles and missions of U.S. military forces and intelligence agencies. THE LEGALITY OF KILLING OSAMA BIN LADEN What is known for certain: Osama bin Laden was intentionally targeted and killed, after some measure of resistance, and buried at sea. A few hours later, in a late-night address to the nation, President Obama declared to the American people that “justice has been done.”. The raid took place without Pakistani knowledge, consent, or THE LOST DIMENSION: FOOD SECURITY AND THE SOUTH CHINA SEASEE MORE ONHARVARDNSJ.ORG
ARTICLE NATIONAL SECURITY AND DOUBLE GOVERNMENT MICHAEL J be tried by a civilian court or a military tribunal;5 kept the military prison at Guantánamo Bay open,6 argued that detainees cannot challenge the conditions of their confinement,7 and restricted detainees’ access to legal counsel;8 resisted efforts to extend the right of habeas corpus to other off- shore prisons;9 argued that detainees cannot invoke the Geneva Conventions 469 HARVARD NATIONAL SECURITY JOURNAL / VOL. 7 473 Harvard National Security Journal / Vol. 7 placed around Israel to protect large portions of the country.4 Batteries were also placed in Saudi Arabia where they THE HIDDEN COST OF DRONE COMBAT: SOLDIERS’ MENTAL HEALTH The Hidden Cost of Drone Combat: Soldiers’ Mental Health. If you envision a soldier on the front-lines of combat, you might picture an arid desert where the slightest lack of focus could mean the difference between life and death. You could picture someone exposed to the grotesque horrors of war, defending their fellow warfightersfrom
ARTICLE THE INTERPRETIVE GUIDANCE ON THE NOTION OF DIRECT 2010 / The Interpretive Guidance: A Critical Analysis 6 Although the planned output of the project was a consensus document, the proceedings proved highly contentious. ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone A NEW AI STRATEGY TO COMBAT DOMESTIC TERRORISM AND VIOLENTJonathan Fischbach
Introduction: A Revealing Inversion. Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify illegal fishing, to algorithms that diagnose cancerous tumors, virtually compose symphonies, and predict vehicle failures. WATER SCARCITY: THE MOST UNDERSTATED GLOBAL SECURITY RISK Water Scarcity: The Most Understated Global Security Risk. Major David J. Stuckenberg, MPS. Anthony L. Contento, Ph.D.*. The Industrial Revolutions improved living standards for people in most nations where technology proliferated. Populations in modern societies are not overly concerned with accessing food or water on a daily basis. PROBLEMATIC ALTERNATIVES: MLAT REFORM FOR THE DIGITAL AGE Governments must urgently—yet thoughtfully—reform the MLAT system before alternatives to MLATs become the norm. Using Microsoft v. United States as a case study, this article highlights some problems with the current MLAT system, explains the risks of inaction and the benefits of MLAT reform, and recommends policy solutions. II.Background
ARTICLE THE CIA AND TARGETED KILLINGS BEYOND BORDERS 2011 / The CIA and Targeted Killings Beyond Borders 286 The CIA’s drone-based killing programs have so far killed well in excess of 2,000 persons in Pakistan, and it has been involved in such drone ARTICLE NATIONAL SECURITY AND DOUBLE GOVERNMENT MICHAEL J be tried by a civilian court or a military tribunal;5 kept the military prison at Guantánamo Bay open,6 argued that detainees cannot challenge the conditions of their confinement,7 and restricted detainees’ access to legal counsel;8 resisted efforts to extend the right of habeas corpus to other off- shore prisons;9 argued that detainees cannot invoke the Geneva Conventions DEMYSTIFYING THE TITLE 10-TITLE 50 DEBATE: DISTINGUISHING Harvard National Security Journal Harvard Law School Caspersen Student Center Suite 3039 1585 Massachusetts Ave. Cambridge, MA 02138 nsj@mail.law.harvard.edu THE NSA SURVEILLANCE CONTROVERSY: HOW THE RATCHET EFFECT The ratchet effect can occur because elected officials do not want to risk repealing anti-terrorism laws. Here is a political nightmare: for whatever reason, a legislator or government executive spearheads an effort to reverse an anti-terrorism law. The anti-terrorism law is repealed. Within a week, a terrorist attack occurs. ARE WE REACHING A TIPPING POINT? HOW CONTEMPORARY See Brian J. Bill, The Rendulic “Rule”: Military Necessity, Commander’s Knowledge, and Methods of Warfare, in 12 Yearbook of International Humanitarian law 119, 128 (2009) (stating “uman life is no less valuable in war than in peace, but the need to resolve the contention between states through recourse to armed conflict has been permitted to outweigh that value in certain LAW AND POLICY OF TARGETED KILLING A targeted killing entails an entire military operation that is planned and executed against a particular, known person. In war, there is no prohibition on the killing of a known enemy combatant; for the most part, wars are fought between anonymous soldiers, and bulletshave no
FAHEY ACCESSCONTROL 06.08.18 2018 / Freedom of the Seas in the Arctic 155 Abstract Russia is the quintessential Arctic State, controlling most of the resources, territory and military power in the High North.* Skip to content
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A NEW AI STRATEGY TO COMBAT DOMESTIC TERRORISM AND VIOLENT EXTREMISMMay 6, 2020
Jonathan Fischbach
Introduction: A Revealing Inversion Data scientists utilize artificial intelligence (AI) in thousands of different contexts, ranging from analytics that design culinary masterpieces and identify illegal fishing, to algorithms that diagnose cancerous tumors, virtually compose symphonies, and predict vehicle failures. Two communities within this expansive field,Read more
WHY STRICT CABINET SUCCESSION IS ALWAYS BAD POLICY: A RESPONSE TO PROFESSOR JACK GOLDSMITH AND BEN MILLER-GOOTNICKApril 8, 2020
Seth Barrett Tillman In their Lawfare post, Professor Jack Goldsmith and Ben Miller-Gootnick put forward the traditional argument that legislative-officer succession, as permitted by the Presidential Succession Act of 1947 (1947 Act), leads to undesirable and destabilizing changes in party control. Quoting a report of theRead more
YES, TRUMP’S SHAKEDOWN OF UKRAINE WAS IMPEACHABLE “BRIBERY”March 27, 2020
A Government Lawyer
Introduction About two weeks before the U.S. House of Representatives impeached President Trump, Professor Josh Blackman and Seth Barrett Tillman published an article on Lawfare. In it, they argue that Trump’s withholding from Ukraine of military aid and a White Housemeeting, meant
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COMPLEX DETERMINATIONS: DECIPHERING ENEMY NUCLEAR INTENTIONSMarch 24, 2020
Louis René Beres
Introduction In early May 2019, U.S. President Donald Trump—responding to Kim Jung-un’s latest round of missile tests—sought to reassure the American public. His seat-of-the-pants comments, however, were based entirely upon the presumed importance of his personal relationship with Kim Jung-un and had nothingRead more
PERFIDY IN CYBERSPACE: THE REQUIREMENT FOR HUMAN CONFIDENCEFebruary 21, 2020
Sean K. Price
Introduction The United States is under attack. In the months leading up to hostilities, the enemy’s intelligence agencies have identified key U.S. and allied military officials who use cloud-connected artificial pacemakers or implantable cardiac defibrillators (ICD). Immediately preceding offensive operations in the physicalRead more
FIVE LEGAL TAKEAWAYS FROM THE SYRIAN WARSeptember 30, 2019
Shane R. Reeves & Ronald T. P. Alcala On December 19, 2018, President Trump ordered the withdrawal of U.S. forces from Syria. While U.S. troops have not completely left Syria, the slow drawdown provides an opportunity to reflect on some of the legal challenges that aroseRead more
SPEECH—THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS: THE NEWEST FEDERAL COURT EXPERIMENT, PAST, PRESENT, AND FUTUREApril 11, 2019
Chief Judge Robert N. Davis I’m going to ask you to join me in a walk through the past, present, and a step into the future of the United States Court of Appeals for Veterans Claims, and when we get to the future I’m going to challenge you to make a system that isRead more
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