As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along… Continue reading Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine
Tag: Counterterrorism Law
The Wasp’s Nest: Intelligence Community Whistleblowing & Source Protection
Meyer and Berenbaum analyze the national security policy challenge in balancing protections for Intelligence Community whistleblowers and the government’s legitimate need for secrecy in order to execute the federal intelligence and counterintelligence mission. It is that need for secrecy that creates the intellectual distance between the sovereign’s requirement for information regarding the performance of the… Continue reading The Wasp’s Nest: Intelligence Community Whistleblowing & Source Protection
“On Target”: Precision & Balance in the Contemporary Law of Targeting
Schmitt and Widmar explore the law of targeting within international humanitarian law (IHL) and its application to international and non-international armed conflict. The article examines the “five elements” of a target operation, including the target, the weapon used, the execution of the attack, possible collateral damage and incidental injury, and location of the strike. The… Continue reading “On Target”: Precision & Balance in the Contemporary Law of Targeting