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Discovering the Artichoke: How Mistakes & Omissions Have Blurred the Enabling Intent of the Classified Information Procedures Act

Discovering the Artichoke: How Mistakes & Omissions Have Blurred the Enabling Intent of the Classified Information Procedures Act

Misunderstandings of the Classified Information Procedures Act (CIPA), and confusions between CIPA and the state secrets doctrine, have resulted in a split in federal circuit courts over how CIPA functions. Congress should amend the statute to end this confusion and enhance its original goals—to enable discovery to protect a defendant’s rights and to protect intelligence […]

Developing Client-Ready Practitioners: Learning How to Practice National Security Law at Military Law Schools

Developing Client-Ready Practitioners: Learning How to Practice National Security Law at Military Law Schools

The demand for trained and educated national security lawyers, including those in the military, is not going to lessen. The challenge is to meet the increasing demand with shrinking resources. The military services must first identify national security law as a core, mission-essential discipline. The services should integrate the joint and perhaps inter-agency legal community […]

Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism

Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism

This article explores the tension between the policy objectives of United States counterterrorism efforts (deterrence, incapacitation, and intelligence gathering) and the traditional legal frameworks used to justify them (the law of war and the criminal justice model). All three branches of government, the author urges, have worked at cross-purposes in developing a counterterrorism policy that […]

Legitimacy Versus Legality Redux: Arming the Syrian Rebels

Legitimacy Versus Legality Redux: Arming the Syrian Rebels

The provision of lethal aid to the Syrian rebels appears questionable from a purely legal perspective. It would arguably amount to a use of force. Neither of the traditional legal justi?cations for the use of force—self-defense and authorization by the Security Council—applies in this case. While humanitarian intervention arguably offers a (weak) basis for the […]