Stephen Dycus reviews Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii. Dycus draws out the book’s core themes, highlighting Yamamoto’s analysis of the Korematsu decision and its continued relevance in American jurisprudence. The review concludes with a discussion of Yamamoto’s proposed process for judicial review in cases that involve both national security and civil liberties.
Decision researchers describe a “prominence effect” that leads decision makers to choose an option with more defensible attributes when quantitative assessment of those options is difficult. Prominence is hypothesized as a factor in US policy decisions not to use military force to prevent or stop humanitarian crises. Prominence is also regarded as a behavioral failure affecting both the general public and public officials that can be mitigated to improve welfare outcomes in transnational security decisions. This article—by David G. Delaney and Paul Slovic—considers those hypotheses as they relate to attorneys advising the US president and other senior public officials addressing transnational security issues. It proposes a combination of institutional, organizational, and individual steps to mitigate prominence and related behavioral failures.
David Jonas and Dyllan Taxman’s insightful article— “JCP-No-Way: A Critique Of The Iran Nuclear Deal As A Non-Legally-Binding Political Commitment” —examines the Iran Nuclear Deal and its place in prior US arms treaties.
By positioning the Iran Nuclear Deal within the historical context of past agreements, American treaty-making, and national and international political norms, the authors conclude that the use of a non-binding political commitment to rein in Iran’s nuclear weapons ambitions was both novel and inappropriate.
Instead, the authors argue that the Obama Administration should have used one of the available legally binding agreement options when negotiating with Iran. While the Trump Administration has since withdrawn from the Iran Nuclear Deal, this article highlights the importance of the US prioritizing future arms agreements that carry the force of law.