FISA Section 702’s Challenging Passage to Reauthorization in 2023

George Croner details the history, structure, legal requirements, and intelligence value of the Section 702 surveillance program and explains why the reauthorization of Section 702 is both perpetually challenging—and particularly challenging in 2023. Croner identifies the most likely criticisms of Section 702 and examines the sources and merits of these critiques including in light of… Continue reading FISA Section 702’s Challenging Passage to Reauthorization in 2023

Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority

Shervin Taheran illustrates the alarming trend of US presidents who indicate they can unilaterally withdraw from treaties without congressional approval. She argues the Executive Branch is not the “sole organ” to decide whether the United States can terminate a treaty. After examining international law pertaining to treaties, Taheran discusses how constitutional principles, textual evidence, historical… Continue reading Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority

Advanced Reactors and Nuclear Terrorism: Rethinking the International Framework

While nuclear energy today provides about 10% of global electricity generation in reliable, carbon-free form, the immense destruction tied to its origins casts a long shadow. This tension between terrible and peaceful power underlies the expansive non-proliferation regime of international law, a framework meant to keep nuclear technology from being diverted from this peaceful use… Continue reading Advanced Reactors and Nuclear Terrorism: Rethinking the International Framework