Academic Writing

Eavesdropping on Flynn was the legal, obvious intelligence move

Author(s): 
Jennifer Granick
Publication Date: 
February 16, 2017
Publication Type: 
Other Writing

Does the House Permanent Select Committee on Intelligence understand intelligence gathering?

After all, that committee is charged with oversight over the United States’ vast surveillance bureaucracy. And yet, comments from the chair of the committee, Rep. Devin Nunes (R-Calif.), suggest that he is unclear on the concept.

Should cybersecurity be a human right?

Author(s): 
Scott Shackelford
Publication Date: 
February 13, 2017
Publication Type: 
Other Writing

Having access to the internet is increasingly considered to be an emerging human right. International organizations and national governments have begun to formally recognize its importance to freedom of speech, expression and information exchange. The next step to help ensure some measure of cyber peace online may be for cybersecurity to be recognized as a human right, too.

Ukraine v. Russia: Before the International Court of Justice

Author(s): 
Beth Van Schaack
Publication Date: 
February 2, 2017
Publication Type: 
Other Writing

With all the news around President Donald Trump taking office, and the mass protests, controversial executive orders, and pending lawsuits that followed, it may have escaped notice that Ukraine filed suit against the Russian Federation before the International Court of Justice (ICJ) on January 16 (the official Application is here).  Ukraine has accused Russia of “intervening militarily in Ukraine, financing acts of terrorism, and violating the human rights of milli

Understanding Complicity: When the US Makes a “Substantial Contribution” to War Crimes Committed by Foreign Partners

Author(s): 
Beth Van Schaack
Publication Date: 
January 26, 2017
Publication Type: 
Other Writing

With power comes responsibility. In their new duties, Trump administration officials will need to consider the legal hazards associated with supporting foreign military partners who commit international crimes. Perhaps most alarming to some officials will be the risk of personal criminal liability. When might this arise?

Predicting Corporate Intelligence Agencites in the 1960s

Author(s): 
Brian Nussbaum
Publication Date: 
January 24, 2017
Publication Type: 
Other Writing

The recent tumult around the emergence of a dossier suggesting salacious things about President Donald Trump has cast light on a series of for-profit intelligence firms with names like “Orbis International” and “Fusion GPS.” Such organizations are part of a huge industry providing information, analysis, and “decision advantage” for companies, investors, political parties, and often government agencies. It is a giant industry, and one that was predicted with remarkable insight i

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