Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information

Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information

The stakes are higher now than ever before in determining the First Amendment protections due government insiders who leak classified information to the press. Prior to the George W. Bush administration, only one person in American history had been successfully prosecuted for such a leak, and only two prosecutions had been brought. The Bush administration placed greater heat […]

Even If It Ain’t Broke, Why Not Fix It? Three Proposed Improvements to the Uniform Code of Military Justice

Even If It Ain’t Broke, Why Not Fix It? Three Proposed Improvements to the Uniform Code of Military Justice

In the spirit of responsiveness and resilience, this article proposes what the authors believe are three important changes to the Uniform Code of Military Justice: (1) incorporating a “no-adverse-inference” warning into Article 31(b) (the military version of Miranda warnings), (2) transforming the Article 32 pretrial investigation into a preliminary hearing process, and (3) expressly enumerating a limited category of offenses […]

Chutzpah

Chutzpah

This article analyzes two examples of the gap between rhetoric and practice in transparent governance, Internet freedom and intellectual property negotiations, and argues that the Obama administration’s lack of transparency results from structural features of the modern executive branch.

Train Wreck: The U.S. Violation of the Chemical Weapons Convention

Train Wreck: The U.S. Violation of the Chemical Weapons Convention

This article parses the problem of noncompliance with the Chemical Weapons Convention’s (CWC) dismantling obligations as a case study in the operation (or non-operation) of international law. How did the United States, the leading exponent of the rule of law and a prime mover in negotiating and implementing the CWC, fall into such conspicuous violation? What can be […]