Tag Archives: Latest Issue

This tag is for the front page slider. Articles from the most recent issue get both issue “category” and “latest issue” tag.

FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security

In an era where “economic security is national security,” China’s growing economic power presents America with a distinct challenge.

Will Moreland looks to America’s response to suggest that the Biden administration is returning to an earlier “Rooseveltian” conception of national security—one which appreciates that a healthy American middle class is essential to defending democracy.

Moreland finds that under that more expansive vision of national security, the Committee on Foreign Investment in the United States (“CFIUS”) is at risk of overuse. Because Moreland fears a more cumbersome and expansive investment review is likely to harm more than help the Biden administration’s foreign policy, he proposes a narrower approach.

This narrower CFIUS approach stands in contrast to recent calls for expansive investment review—and Moreland concludes it equips today’s policy makers with the right tool for the right problem.

Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine

Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process.

Marrazzo contends, however, that the Court of Appeals for the Armed Forces (CAAF) has expanded UCI doctrine far beyond the textual confines of Article 37. In particular, the development of “apparent UCI”—which allows CAAF to set aside a finding or sentence for the mere appearance of UCI even if the apparent UCI did not materially prejudices the substantial rights of the accused—directly contravenes the Article 37’s requirement that such prejudice must exist in order to set aside a finding or sentence of a court-martial and also Article 37’s requirement that UCI must be intentional.

Although the doctrine of apparent UCI serves laudable goals, it is also in direct conflict with the text of the UCMJ. Ultimately, Marrazzo, concludes, a doctrine of apparent UCI may be desirable, but it is up to Congress, not the courts, to revise the UCMJ.

Outsourcing the Cyber Kill Chain: Reinforcing the Cyber Mission Force and Allowing Increased Contractor Support of Cyber Operations

The United States is under a growing and constant threat of cyberattack. US cybersecurity strategy has evolved in response, adapting to the new threat climate by committing US Cyber Command to more aggressive and persistent peacetime cyber operations. However, the Department of Defense Cyber Mission Force (CMF) has been stretched thin attempting to carry out its new mission, requiring additional commitments to resourcing, force size, and capabilities.

Homer A. La Rue argues that increased participation of private contractors in US cyber operations is the best way to bolster the CMF’s capabilities, at least in the short term. Contractors may be particularly useful in “gray-zone” operations, that is, operation in the area that exists beyond the threshold of conventional diplomacy but falls short of conventional war.

Although there are challenges and risks to increased contractor participation in cyber operations—particularly related to command and control—La Rue argues that methods of managing these risks already exist and that the benefits of outsourcing cyber operations outweighs the risks.