Category Archives: International Law

Sovereign Immunity

Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Sovereign Immunities Act

In light of recent foreign cyber-assaults that have jeopardized personal privacy in the United States, it is time for individuals to explore opportunities for private suits against foreign governments. In the first attempt to do this, Doe v. Federal Democratic Republic of Ethiopia, the courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort of intrusion upon seclusion. Kurland posits that either a new exception should be added to the FSIA to ameliorate this legal lacuna.

Artificial Intelligence

Machine Learning, Artificial Intelligence, and the Use of Force by States

Taking an international law perspective, Ashley Deeks, Noam Lubell, and Daragh Murray highlight the potential legal, policy, and ethical challenges that will arise as governments inevitably begin to employ artificial intelligence and machine learning algorithms to inform their use of force decisions. The authors identify critical questions states should contemplate before developing such algorithms, underscoring that machine learning algorithms could both improve the accuracy of use of force decision making and present negative consequences for states, and recommend prophylactic measures for states as they develop and eventually deploy these tools.

Machine Learning, Artificial Intelligence, and the Use of Force by States

Military Justice

Military Justice: A Very Short Introduction (Book Review)

Eugene Fidell’s recently published book Military Justice: A Very Short Introduction fills an existing gap in academic military justice literature by providing readers with a condensed book focused solely on military justice. Fidell leverages his years of experience as both a practitioner and a scholar to bring us this “pint sized” book that covers topics ranging from the basics of military command to detention and military justice reform. Nevitt’s review of this “quick and easy military justice primer” makes it clear that readers from the newest law student to the most experience JAG could benefit from reading Fidell’s work.

Military Justice: A Very Short Introduction (Book Review)