Annual Conference
29th Annual Review Conference CLE
CLE materials for the 29th Review of the Field of National Security Law Conference November 7-8, 2019
Panel I - National Security and Legal Implications of Blockchain Technology and Cryptocurrencies
- Financial Crimes Enforcement Network, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies; FIN-2019-G001 (May 9, 2019)
- Financial Crimes Enforcement Network, Advisory on Illicit Activity Involving Convertible Virtual Currency, FIN-2019-A003, (May 9, 2019)
- Financial Action Task Force, Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers, June 2019,
- Financial Action Task Force, Virtual Currencies: Key Definitions and Potential AML/CFT risks, June 2014,
- Jonathan Levin and Jesse Spiro, FATF Consultation Paper, April 8, 2019
- American Bar Association - Derivatives and
Futures Law Committee, Digital and Digitized Assets: Federal and State
Jurisdictional Issues (March 2019).
- Chung, John, Money as Simulacrum: The Legal Nature and Reality of Money; 5
Hastings Bus L.J. 109 (2009)
- Kien-Meng Ly, Matthew, “Coining Bitcoin’s
“Legal-Bits”: Examining the Regulatory Framework for Bitcoin and Virtual
Currencies, Harvard Journal of Law & Technology, (Spring 2014)
- Moran, Joseph D., The Impact of Regulatory
Measures Imposed on Initial Coin Offerings in the United States Market Economy,
Catholic University of America Columbus School of Law Journal of Law and
Technology (2018).
- Prentis, Mitchell, Digital Metal: Regulating
Bitcoin as a Commodity, 66 Case W. Reserve L. Review, pages 609 – 637
(2015).
Panel II – Legal Lessons Learned in Recent Armed Conflicts
- Summary of the 2018 National Defense Strategy of The United States of America
- Ashley Deeks, Does the U.S. Currently Have a Right of Self-Defense Against Iran?, Lawfare, June 19, 2019
- Gail Curley and Paul Golden Back to Basics: The Law of Armed Conflict and the Corrupting Influence of the Counterterrorism Experience
- ICRC “International Review of the Red Cross, Humanitarian debate: Law, policy, action. War in Cities”, Volume 98 Number 901 (April 2016)
- James Kraska and Michael Monti, The Law of Naval Warfare and China’s Maritime Militia, 91 Int’l L. Stud. 450 (2015)
- Jeffrey Miller and Ian Corey, Follow the Money: Targeting Enemy War-Sustaining Activities, JFQ 87 4th Quarter 2017
Panel III – Legal and Policy Responses to the Weaponization of Social Media
- Suzanne Spaulding, Devi Nair and Arthur Nelson, Beyond the Ballot: How the Kremlin Works to Undermine the U.S. Justice System, CSIS (May 2019)
- Suzanne Spaulding, Devi Nair and Arthur Nelson,
Russia’s Attacks on Democratic Justice Systems, CSIS(May 2019)
- Suzanne Spaulding, Devi Nair and Arthur Nelson, Why Putin Targets Minorities, CSIS (December 2018)
- Suzanne Spaulding and Eric Goldstein, Countering Adversary Threats to Democratic Institutions, CSIS (February 2018)
- George Selim and Jonathan Greenblatt, Addressing the National Security Threat of White Supremacist Terrorism, Lawfare, October 18, 2019
- George Selim, Testimony to the Senate Committee on Commerce, Science, and Transportation: Mass Violence, Extremism, and Digital Responsibility, September 18, 2019
- Anti-Defamation League, Gab and 8chan: Home to Terrorist Plots Hiding in Plain Sight
- Anti-Defamation League, Murder and Extremism in the United States in 2018
- Anti-Defamation League, The Trolls are Organized and Everyone’s a Target: The Effects of Online Hate and Harassment
- Robert Faris, Hal Roberts, Bruce Etling, Nikki Bourassa, Ethan Zuckerman, and Yochai Benkler, Partisanship, Propaganda, and Disinformation: Online Media and the 2016 US Presidential Election, Berkman Klein Center for Internet & Society, 2017
- Abby Wood and Ann Ravel, Fool Me Once: Regulating “Fake News: and Other Online Advertising, Southern California Law Review, September 2018
- Jennifer Daskal, Speech Across Borders, forthcoming, VA. L. Rev (2019)
Panel IV – Presidential Emergency Powers and Militarization of the Border
- William Banks, Legal Analysis of “Cabinet Memo” on the Military’s Role at Southern Border. Just Security, November 26, 2018.
- Stephen I. Vladeck, The Calling Forth Clause and the Domestic Commander-In-Chief, American University, WCL Research Paper No. 08-22, 2008
- Elizabeth Goitein, In a Crisis, The President Can Invoke Extraordinary Authority. What Might Donald Trump Do With This Power? Atlantic, January 2019
- Elizabeth Goitein, Statement Before the United States House of Representatives Committee on the Judiciary Subcommittee on the Constitution Hearing on the National Emergencies Act of 1976, February 28, 2019
- William C. Banks, Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to a Domestic Crisis
Panel V – Emerging Technology, Emerging Ethics: National Security Lawyering and the Coming AI Revolution
- Ben Buchanan and Taylor Miller, Machine Learning for Policymakers: What It Is and Why It Matters. Belfer Center for Science and International Affairs, June 2017.
- Warren E. Agin, "A History of Artificial Intelligence" from The Law and Artificial Intelligence, ABA Publishing, 2019
- Anastassia Lauterbach, "Introduction to Artificial Intelligence and Machine Learning" from The Law and Artificial Intelligence, ABA Publishing, 2019
- James E. Baker "The Perfect Sentinel: AI Military Applications and Implications" from The Law and Artificial Intelligence, ABA Publishing, 2019
- James E. Baker "Are We Ready: Regulating Military Uses of AI" from The Law and Artificial Intelligence, ABA Publishing, 2019
- The Model Rules of Professional Conduct
- The Preamble
- 1.1 Competence
- 1.3 Diligence
- 1.6 Confidentiality of Information
- 1.13 Organization as a Client
- 2.1 Advisor
Panel VI – The Future of National Security Law: A Live Recording of the National Security Law Podcast and National Security Law Today
- Congressional Research Service, The International Emergency Economic Powers Act: Origins, Evolution, and Use, March 20, 2019
- Peter E. Harrell, How to Reform IEEPA, Lawfare, August 28, 2019
- Stephen Vladeck, Will Trump use a national emergency to end the shutdown? Either way, Congress must revisit the National Emergencies Act, NBC News, January 24, 2019
- Stephen Vladeck, The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation
- Robert Chesney, Three FISA Authorities Sunset in December: Here’s What You Need to Know, Lawfare, January 16, 2019
- Jennifer Daskal and Stephen Vladeck, After the AUMF, 5 Harvard National Security Journal 115 (2014)
Panel VII – Ethical Challenges of the National Security Lawyer
- ABA Model Rules of Professional Conduct
- ABA Criminal Justice Standards for the Prosecution Function, Standard 3-4.3 Minimum Requirements for Filing and Maintaining Criminal Charges
- Charles Dunlap, Clarifying the Scope of the Legal Profession’s Ethical Responsibilities: A Response to John Bies. Lawfare, October 17, 2019.
- Charles Dunlap, Are tactics that deprive the disfavored of the specialized legal representation needed in complex cases something to celebrate? Lawfire, October 21, 2019.
- Charles Dunlap, Is the attorney-client privilege dead? (No, but it may not be as robust as you thought), Lawfire, March 3, 2019.
- Charles Dunlap, If you oppose illegal discrimination or harassment – including when it’s based on someone’s status as a military member or as a veteran – read this, Lawfire, August 24, 2016.
Panel VIII – Needed Reform or Constitutional Minefield? Proposals to Create a Federal Crime of Domestic Terrorism
- 18 U.S.C.A. § 2331
- 18 U.S.C.A.. § 2339
- 18 U.S.C.A. § 2339A
- 18 U.S.C.A. § 2339B
- Hina Shamsi, White Supremacist Violence Is On the Rise. Expanding the FBI’s Powers Isn't the Answer. ACLU September 25, 2019
- Shirin Sinnar, Separate and Unequal: The Law of "Domestic" and "International" Terrorism, 117 Mich. L. Rev. 1333 (2019).
- Randy E. Barnett and Don E. Kates, Under Fire: the New Consensus on the Second Amendment, 45 Emory L. J., (1996).
- Joshua Geltzer, Mary B. McCord, Nicholas Rasmussen, The Christchurch Shooting: Domestic Terrorism Goes International, Lawfare, Mar. 19, 2019.
- Mary McCord, Filling the Gap in our Terrorism Statutes, George Washington University Program on Extremism, Aug. 2019.
- ACLU Written Statement of the Record, Countering Domestic Terrorism: Examining the Evolving Threat, Submitted to the U.S. Senate Committee on Homeland Security and Governmental Affairs, Sept. 25, 2019.
Panel IX – The Role of the Courts in National Security
- John Bellinger, Lawsuits Force Foreign Governments To Navigate U.S. Court System. Washington Diplomat, May 3, 2016
- Kareem v. Haspel. Civil Action No. 17-581(RMC).
- Jared P. Cole. The Political Question Doctrine: Justiciability and the Separation of Powers. Congressional Research Service, December 23, 2014
- Brief for the ACLU as Amicus Curiae. Twitter, Inc. v. Barr. Case No. 14-cv-4480-YGR
- Salim v. Mitchell. No. 15-CV-286-JLQ
- Ashley Deeks, The Observer Effect: National Security Litigation, Executive Policy Changes, and Judicial Deference, 82 Fordham L. Rev. 827 (2013).
- Shirin Sinnar, Procedural Experimentation and National Security in the Courts. California Law Review (2018)
- Anthony John Trenga, What Judges Say and Do in Deciding National Security Cases: The Example of the State Secrets Privilege. Harvard National Security Journal. (2018)
- Stephen Vladeck, The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation
- Husayn v. United States, No. 18-35218 (9th Cir. 2019)
- Mutond v. Lewis, Petition for a Writ of Certiorari
- Wikimedia Foundation, et al. v. National Security Agency, et al. No. 15-2560
Panel X – Persistent Engagement: The New Cyber Command Policy for Defense
- Dina Temple-Raston, How the U.S. Hacked ISIS. NPR, September 26, 2019
- Richard Harknett, United States Cyber Command’s New Vision: What It Entails and Why It Matters. Lawfare, March 23, 2018
- Michael Fischerkeller and Richard Harknett, Persistent Engagement and Tacit Bargaining: A Path Toward Constructing Norms in Cyberspace. Lawfare, November 9, 2018.
- Andru E. Wall, Demystifying the Title 10-Title 50 Debate: Distinguishing Military Operations, Intelligence Activities & Covert Action, 2 Harv. Nat. Sec. L. J. 85 (2011)— pp. 115-141 (27 pp.)
- Department of Defense, Summary Cyber Strategy 2018
- United States Cyber Command, Achieve and Maintain Cyberspace Superiority Command Vision for U.S. Cyber Command (2018)
- General Keith Alexander (Ret.) and Jamil Jaffer, Ensuring US Dominance in Cyberspace in a World of Significant Peer and Near-Peer Competition, 19 Geo. J. Int'l Affairs 51 (Fall 2018), pp. 51-59 (9 pp.)
- David Mussington “Financial Institutions Must Ignore Risks of Cryptocurrencies” Toronto Globe and Mail, February 26, 2018
- Strategic Stability, Cyber Operations, and International Security – In CIGI Essay Series – Governing Cyberspace during a Crisis in Trust, May 5, 2019
- “US Cyber Policy: Sources of, and impediments to, Rapid Progress” – in CIGI Special Report – Governing Cyber Security in Canada, Australia, and the United States April 2, 2018
- Catherine
Lotrionte Reconsidering the Consequences for State-Sponsored
Hostile Cyber Operations Under International Law. Summer 2018
- Christopher
Joyner and Catherine Lotrionte, Information Warfare as
International Coercion: Elements of a Legal Framework. EJIL
(2001), Vol. 12 No. 5.
-
Michael Fisherkeller and Richard Harknett, Persistent
Engagement, Agreed Competition, Cyberspace Interaction Dynamics, and Escalation. Institute for Defense Analyses, May 2018
- Summary of the 2018 National Defense Strategy of The United States of America
- National Security Strategy of the United States of America, December 2017