Public access to court proceedings is a constitutional dictate and yet, since Sept. 11, 2001, the executive branch has pushed for secrecy to shroud the courtroom in the name of national security. Too often, courts have acquiesced despite the fact that access plays a crucial role in checking inter-branch conflicts, providing the electorate the information… Continue reading National Security and Access, a Structural Perspective
Category: Issue Archive
“Until They Are Effectively Destroyed”: The U.S. Approach on the Temporal Scope of Armed Conflicts with Terrorist Organizations
Warfare has transformed in the modern age from traditional warfare to more states engaging in non-international armed conflict, like the so called “war on terror.” However, the United States adheres to a standard regarding the end of non-international armed conflicts that deviates from the various approaches of international law practitioners and scholars. In this article,… Continue reading “Until They Are Effectively Destroyed”: The U.S. Approach on the Temporal Scope of Armed Conflicts with Terrorist Organizations
Building Cyber Walls: Executive Emergency Powers in Cyberspace
Most scholars who have tackled the internet “kill switch” subject come to a rather hasty conclusion that the President has the authority to shut down the internet under his emergency powers by invoking section 706 of the Communications Act of 1934 (codified as 47 U.S.C. § 606). Over the years, this supposition has been debated… Continue reading Building Cyber Walls: Executive Emergency Powers in Cyberspace