national security

The Implications of Trying National Security Cases in Article III Courts

The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts not only are capable of trying such cases, but they are the forum most consistent with our American values of fairness and transparency.

cyber weapons

Cyber Weapons & Export Control: Incorporating Dual Use with the PrEP Model

In “Cyber Weapons and Export Control,” Trey Herr and Paul Rosenzweig take up the complex task of characterizing software products in the context of the current export regulatory regime. Herr and Rosenzweig use their PrEP model to distinguish the components of the software functionally. They isolate the payload component as requiring special consideration, and propose a policy approach to regulating software exports based on their effects.


Dawn of the Intercontinental Sniper: The Drone’s Cascading Contribution to the Modern Battlefield’s Complexity

Stephen L. Schooner and Nathaniel E. Castellano review Richard Whittle’s Predator: The Secret Origins of the Drone Revolution. The authors highlight the cast of quirky characters that drive the narrative element of Whittle’s book while recounting the ethical dilemmas, national security issues, and bureaucratic challenges that attend one of the nation’s most successful weapons development programs. The authors conclude with an enthusiastic endorsement of the book regardless of the reader’s expertise in military affairs.

The world's only peer-reviewed journal devoted exclusively to national security law and policy.