White Papers and Readings from the Standing Committee

The U.S. Military Commissions: Looking Forward, May 2018

The Government, Process and Structure Report, January 2017

The DOD Law of War Manual Workshop Review, January, 2017, based on a workshop discussing the Department of Defense Law of War Manual

A Call to Cyber Norms: Discussions at Harvard, MIT and the University of Toronto Cyber Norms Workshops, (March 2015)

Selected Readings from an Intelligence Workshop, May 2011

No More Secrets: National Security Strategies for a Transparent World, June 2010, Selected readings

Selected Readings from a Workshop on Legal Issues Related to Targeted Killings, April 2010

Contemporary Piracy: Consequences and Cures, October 2009

Exploring Counterterrorism Detention Alternatives, September 2009

Trying Terrorists in Article III Courts: Challenges and Lessons Learned, July 2009, Selected readings

National Security Threats in Cyberspace, June 2009

Due Process and Terrorism Workshop, November 2007

External White Papers and Reports

Deliver Uncompromised: A Strategy for Supply Chain Security and Resilience in Response to the Changing Character of War, MITRE, 2018

2018 Foreign Economic Espionage in Cyberspace, National Counterintelligence and Security Center, 2018

Countering Adversary Threats to Democratic Institutions, CSIS, February 2018

Encryption Policy in Democratic Regimes, East West Institute, 2018

Decrypting the Encryption Debate: A Framework for Decision Makers, National Academy of Sciences, 2018

2017 Insider Threat Guide: A Compendium of Best Practices to Accompany the National Insider Threat Minimum Standards, National Insider Threat Task Force (NITTF), 2017

PREVENTION: The Missing Link for Managing Insider Threat in the Intelligence Community, NOIR, 2017 Working Copy

Iran Nuclear Agreement Reports from the Federation of American Scientists Nuclear Verification Capabilites Task Force:

Verification Requirements for a Nuclear Agreement with Iran | Summary of FASTF Iran Report, September 2014

Six Achievable Steps for Implementing an Effective Verification Regime for a Nuclear Agreement with Iran, August 2015

Nuclear Monitoring and Verification in the Digital Age: Seven Recommendations for Improving the Process, September 2017

Presidential and IC Publications

National Intelligence Strategy 2019

The Office of the Director of National Intelligence published this guide laying out the priorities and aims of the US intelligence community over the next four  years.

Worldwide Threat Assessment of the US Intelligence Community

A map of the national security threats facing the US in 2019,. The leaders of the CIA, FBI, NSA, ODNI, DIA and NGA presented the threat assessment to the Senate Select Committee on Intelligence on January 29, 2019 in an open hearing.

National Cyber Strategy

The President released a strategic document outlining the path that the government will take in promting and securing cyberspace for communications, defense and the economy.

The National Security Strategy of the Trump Administration

The Trump administration published its first comprehensive strategic security guide, laying out the priorities and strategies for safeguarding the nation. The document, published December 2017 lists the pillars of the security strategy across different domains and different global regions.

Delivering Government Solutions in the 21st century

The Trump administration proposed a major government-wide reorganization, including a cybersecurity recruitment plan.

Use of Force in the Obama Administration

A legal compilation from the Obama Administration on the use of military force and national security operations.  The document includes the administration’s legal opinions, executive orders and military directives on lethal drones, interrogation and detention, the use of military force and the conduct of hostilities and describes the applicable international and domestic laws. Further analysis and context may be found at the Washington Post, and on Lawfare. The ABA Standing Committee held a discussion on the Congressional Role in Authorizing the Use of Force in 2011, you may be interested in a compilation of outside analysis of the issue from that time.

The Foreign Intelligence Surveillance Act (FISA)

Three FISA Authorities Sunset in December: Here's What You Need to Know, Robert Chesney, Lawfare, January 2019

Teaching National Security Law

The Standing Committee recommends the following materials for instructors preparing to teach national security law  courses:

Teaching National Security Law, (2005). Scott Silliman, Duke University School Law

Process, Practice, and Principle: Teaching National Security Law and the Knowledge that Matters Most, (2014). James E. Baker, Georgetown University Law Center

National Security Law, Sixth Edition, (May 2016). Stephen Dycus, Arthur Berney, William Banks, Peter Raven-Hansen, & Steven Vladeck. Aspen Publishers.

Counterterrorism Law, Third Edition, (July 2016) Stephen Dycus, William Banks, Peter Raven-Hansen, & Steven Vladeck. Aspen Publishers.

National Security Law & Policy, Third Edition, (2015) edited by John Norton Moore, Guy Roberts, & Robert Turner. Carolina Academic Press.

Public-Private Partnerships

Information Sharing Analysis Centers (ISAC) Chart

This document is an excellent resource for information on current ISACs, noting their legal bases and additional information.

Private-Public Partnerships: Legal and Policy Issues

This CLE package for the 10th Annual Homeland Security Law Institute provides important information about risk, cybersecurity, and critical infrastructure security-notably  in the electricity sector and supply chain. 

The Sourcebook of Public-Private Partnerships for Security and Resilience 

This sourcebook covers all the statutes and the legal issues relevant to public-private partnerships related to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure. 

Nonproliferation Articles

Beres, Lessons for Israel

DOD, Defense Science Board Assessment of Nuclear Monitoring

Edelman and Ross, Impact of Interim Deal with Iran

Katzman and Kerr, Interim Agreement on Iran's Nuclear Program

Katzman, Achievements of and Outlook for Sanctions on Iran

Pollack, The Right Way to Press Iran

Rennack, Iran U.S. Economic Sanctions and the Authority to Lift Restrictions

Reuters, Iran, UN Agency Plan Talks Amid Inspection Countdown

Reuters, UN Panel Flags Scope of Iran's Banned Arms Acquisitions

Wit, Lessons from Pyongyang