How and why do states use cyber proxies to project power? Why do some states lean closer to these proxies than others, and what does this distance reveal about how a state views them? In this article, Syed Hamza Mannan answers these questions in a review of Tim Maurer’s book, Cyber Mercenaries: The State, Hackers, and Power.
Mannan explores the demand for cyber proxies, the mechanisms states use to control them, and the implications of cyber state-proxy relationships. Perhaps Maurer’s most prevalent contribution to the research, articulated in Mannan’s review, is in constructing a framework for characterizing different relationships states maintain with cyber proxies: those of delegation, orchestration, and sanctioning. By applying the framework to contemporary examples of cyber proxy proliferation, Mannan’s review illuminates Maurer’s important work.
Stephen Dycus reviews Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii. Dycus draws out the book’s core themes, highlighting Yamamoto’s analysis of the Korematsu decision and its continued relevance in American jurisprudence. The review concludes with a discussion of Yamamoto’s proposed process for judicial review in cases that involve both national security and civil liberties.
Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law. Professor Mitt Regan’s review addresses the trends that Watkin regards as posing novel challenges for states accustomed to traditional concepts of the use of force and discusses Watkin’s concepts that are especially relevant to the question of how much the traditional categories of law enforcement guided by human rights principles and armed conflict governed by international humanitarian law should continue to frame thinking about the use of force. Regan also critiques Watkin’s use of the binary framework of law enforcement and armed conflict to guide analysis.
Eugene Fidell’s recently published book Military Justice: A Very Short Introduction fills an existing gap in academic military justice literature by providing readers with a condensed book focused solely on military justice. Fidell leverages his years of experience as both a practitioner and a scholar to bring us this “pint sized” book that covers topics ranging from the basics of military command to detention and military justice reform. Nevitt’s review of this “quick and easy military justice primer” makes it clear that readers from the newest law student to the most experience JAG could benefit from reading Fidell’s work.
Military Justice: A Very Short Introduction (Book Review)
Joel Brenner presents his critique of Professor Laura Donohue’s The Future of Foreign Intelligence, and its “full-throated denunciation of the entire legal framework regulating the government’s collection of data about American citizens and permanent residents.” He discusses her findings in detail, and in the end, finds that they both agree on a number of specific proposals, and “disagree profoundly on FISA’s rationale and constitutional limitations.”
A Review of “The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age” by Laura K. Donohue