More and more often, the Foreign Sovereign Immunities Act (FSIA) has protected cyberattack-conducting state actors and their cybersecurity contractors from legal liability and suits brought by victims seeking redress in US courts. Adam Silow argues that it is time for foreign sovereign immunity to receive an update for the digital era. State-sponsored cyberattacks and their… Continue reading Bubbles Over Barriers: Amending the Foreign Sovereign Immunities Act for Cyber Accountability
Category: Vol. 12 No. 3
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… Continue reading FDI Like You’re FDR: CFIUS Review Under the Biden Administration’s Rooseveltian Conception of National Security
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… Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine