Category Archives: Vol. 9 No. 3

Iran Nuclear Deal

JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment

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 While the Trump Administration has since withdrawn from the Iran Nuclear Deal, this article highlights the importance of the US prioritizing future arms agreements that carry the force of law.

 

Outsourcing Intelligence

Outsourcing Intelligence Analysis: Legal and Policy Risks

Outsourcing intelligence, while not a recent phenomenon, has become more commonplace in the face of increased operations and fiscal pressure since the terror attacks of Sept. 11, 2001. While outsourcing has many benefits, it also brings certain general difficulties. As outsourcing decisions continue, it is critical that lawmakers understand the policy and legal implications of such choices.

Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This article examines how the Washington Administration utilized law as a weapon to defend itself from the British and French and set the precedent for using prosecutions to achieve national security objectives.