David Jonas and Dyllan Taxman’s insightful article— “JCP-No-Way: A Critique Of The Iran Nuclear Deal As A Non-Legally-Binding Political Commitment” —examines the Iran Nuclear Deal and its place in prior US arms treaties. By positioning the Iran Nuclear Deal within the historical context of past agreements, American treaty-making, and national and international political norms, the… Continue reading JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment
Category: Issue Archive
Outsourcing Intelligence Analysis: Legal and Policy Risks
Outsourcing intelligence, while not a recent phenomenon, has become more commonplace in the face of increased operations and fiscal pressure since the terror attacks of Sept. 11, 2001. While outsourcing has many benefits, it also brings certain general difficulties. As outsourcing decisions continue, it is critical that lawmakers understand the policy and legal implications of… Continue reading Outsourcing Intelligence Analysis: Legal and Policy Risks
Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States
The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This article examines how the Washington Administration utilized law as a weapon to defend… Continue reading Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States