Publications

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Content Is Content, No Matter How Small

Author(s): 
Jeffrey Vagle
Publication Date: 
January 13, 2016
Publication Type: 
Other Writing

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe to the mosaic theory of intelligence if some large amount of metadata can become content, can some small amount of content become metadata by the same logic?

Operationalizing Cybersecurity Due Diligence: A Transatlantic Comparative Case Study

Author(s): 
Scott Shackelford
Publication Date: 
January 12, 2016
Publication Type: 
Academic Writing

Although much work has been done on applying the law of warfare to cyber attacks, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to the private sector, as well as how these obligations should be translated into policy.

Racial surveillance has a long history

Author(s): 
Jeffrey Vagle
Publication Date: 
January 4, 2016
Publication Type: 
Other Writing

The path from Laquan McDonald’s summary execution by Chicago police officer Jason Van Dyke to the reluctant release — over a year later — by the Chicago Police Department of video of the killing shines yet another spotlight on the disproportionate use of force by police against young black men and women and the failure of authorities to identify and punish this behavior.

The Weekly Standard makes a fact-free argument about political science. Here are some facts.

Author(s): 
Henry Farrell
Publication Date: 
December 18, 2015
Publication Type: 
Other Writing

Over at the Weekly Standard, Steven Hayward has a new piece arguing that political science is on its last legs. His main evidence is that Stanford University’s political science department has seen a big decline in undergraduate enrollment. This leads him to argue that students are fleeing political science because it is too concerned with arid mathematical exercises, and doesn’t concern itself nearly enough with questions of justice.

The Weekly Standard makes a fact-free argument about political science. Here are some facts.

Author(s): 
Henry Farrell
Publication Date: 
December 18, 2016
Publication Type: 
Other Writing

Over at the Weekly Standard, Steven Hayward has a new piece arguing that political science is on its last legs. His main evidence is that Stanford University’s political science department has seen a big decline in undergraduate enrollment. This leads him to argue that students are fleeing political science because it is too concerned with arid mathematical exercises, and doesn’t concern itself nearly enough with questions of justice.

Crimes Against Humanity: Repairing Title 18's Blind Spots

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and response initiative, a key product of which has been a concerted inter-agency effort to improve the United States' ability to prosecute atrocity crimes by closing gaps in our penal and immigration codes and preventing this country from serving as a safe haven for abusers.

The Many Faces of Complicity in International Law

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing
This paper captures remarks made at the 2015 Annual Meeting of the American Society of International Law on a panel devoted to exploring the scope of complicity under international law. My focus is on the evolving international criminal law doctrine as manifested in a line of cases emerging from the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone. In particular, the paper notes the emergence, and then rejection, of "specific direction" as an element of complicity.
 

The Building Blocks of Hybrid Justice

Author(s): 
Beth Van Schaack
Publication Date: 
December 17, 2015
Publication Type: 
Academic Writing

The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of international actors, including civil society organizations, governments, and United Nations bodies. These demands often center on an appeal that the situation be taken up by the International Criminal Court (ICC) via a Security Council referral or action by the Prosecutor herself. Although the ICC is now fully operational, its jurisdiction remains incomplete and its resources limited.

Keeping Secrets

Author(s): 
Henry Corrigan-Gibbs
Publication Date: 
November 7, 2014
Publication Type: 
Other Writing

What ifyour research could help solve a looming national problem, but government officials thought publishing it would be tantamount to treason? A Stanford professor and his graduate students found themselves in that situation 37 years ago, when their visionary work on computer privacy issues ran afoul of the National Security Agency. At the time, knowledge of how to encrypt and decrypt information was the domain of government; the NSA feared that making the secrets of cryptography public would severely hamper intelligence operations.

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