Category Archives: Vol. 9 No. 3

Managing Terrorism

Legal analysis of the now much maligned “war on terror” has been a growth industry since the events of September 11, 2001. Despite this, how best to respond to and regulate terrorism remains a contested debate intellectually and practically. This article dives into that empirical gap by providing unique data on the operation of detention, arrest, and trial regimes created to counter and manage terrorism in the United Kingdom.

Managing Terrorism

 

 

Equi-Failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

By McKay Smith & Garrett Mulrain

The Equifax hack, which impacted nearly half of the U.S. population, should be viewed as a triggering event for worthwhile government reform and increased public-private cooperation, creating a model that is both scalable and adaptable to multiple industries. Framed by the Equifax data breach, McKay Smith and Garrett Mulrain focus the reader on the national security implications of attacks on the American consumer economy, perpetrated by cybercriminals and hostile nation states. This article provides a detailed analysis of government oversight efforts and contains a novel and creative proposal for reform, intended to serve as a blueprint for widespread, whole-of-government action. In a pragmatic call for reform, Smith and Mulrain recommend seven concrete steps that government can take to demonstrate a renewed commitment to protecting its data, and the data of its private citizens, from malicious foreign adversaries.

Equi-failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

Military Justice: A Very Short Introduction (Book Review)

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)

Preventive Detention for National Security Purposes in Israel

By Dvir Saar & Ben Wahlhaus

Since the beginning of the 21st century, democratic states have increasingly been forced to confront the threat of terrorism on multiple fronts: at home, at the borders, and abroad. One tool that states have employed to protect the population is preventive detention. While highly effective in countering national security threats, significant steps need to be taken to avoid the risk of unjustified detention.

In this article, Saar and Wahlhaus aim to contribute to the ongoing deliberation on this issue by presenting the Israeli experience regarding preventive detention against the backdrop of international law, experience acquired while contending with a wide range of national security threats over several decades.

The authors explore the three different Israeli legal frameworks that regulate preventive detention in Israel, by describing and analyzing the different legislation and conducting a comprehensive survey of the case law (including previously unpublished cases). A comparative analysis of the three frameworks concludes the article.

Lessons from the diverse Israeli experience may serve to inform other states that are attempting to strike the proper balance between national security and avoiding the risk of unjustified detention, as well as inform contemporary international initiatives concerning detention.

Preventive Detention for National Security Purposes in Israel

JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment

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 authors conclude that the use of a non-binding political commitment to rein in Iran’s nuclear weapons ambitions was both novel and inappropriate.

Instead, the authors argue that the Obama Administration should have used one of the available legally binding agreement options when negotiating with Iran. While the Trump Administration has since withdrawn from the Iran Nuclear Deal, this article highlights the importance of the US prioritizing future arms agreements that carry the force of law.

JCP No Way: A Critique of the Iran Nuclear Deal