National Security

Presidential Executive Order on Restoring State, Tribal, and Local Law Enforcement’s Access to Life-Saving Equipment and Resources – 28 August 2017

https://www.whitehouse.gov/the-press-office/2017/08/28/presidential-executive-order-restoring-state-tribal-and-local-law And see: https://www.google.com/amp/s/mobile.nytimes.com/2017/08/27/us/politics/trump-military-equipment-police.amp.html And see: http://www.economist.com/news/united-states/21727910-air-conditioners-seem-help-more-guns-military-kit-cuts-crime?frsc=dg%7Ce See also: Govern, Kevin H., Defense Support of Civil Authorities: An Examination of Trends Impacting Upon Police Militarization (2016). Washington and Lee Journal of Civil Rights and Social Justice, Vol. 23, Issue 1, pp. 89-134, Fall 2016. Available at SSRN: https://ssrn.com/abstract=2978460


Office of the Texas Governor – Governor Abbott Activates Entire Texas National Guard In Response To Hurricane Harvey Devastation – 28 August 2017

https://gov.texas.gov/news/post/governor-abbott-activates-entire-texas-national-guard-in-response-to-hurric See also: Govern, Kevin H., Chapter 23: Defense Support of Civil Authorities Responding to Natural and Man-Made Disasters (December 03, 2015). U.S. Military Operations Law, Policy, and Practice (Oxford 2015). Available at SSRN: https://ssrn.com/abstract=2689907


War on the Rocks – ARE CYBER WEAPONS TOO DANGEROUS TO USE? – 22 August 2017

https://warontherocks.com/2017/08/are-cyber-weapons-too-dangerous-to-use/ The upshot is that it is possible for states to go on the offensive in cyberspace without undermining cybersecurity. Unlike ice-nine, the tools the United States creates to fight in this realm do not appear, at least so far, to be uncontrollable. There may be good reasons to eschew…


War on the Rocks – U.S. CYBER COMMAND NOW STANDS TALLER, BUT CAN IT SEE FURTHER? – 21 August 2017

https://warontherocks.com/2017/08/u-s-cyber-command-now-stands-taller-but-can-it-see-further/ The many internal studies of Cyber Command’s future over the last five years have taken significant energy. Now that the decision is finally made, the focus will turn to implementation — with dozens of practical questions for the department to answer in the next one to five years. What…




NY Times – Court Rejects a Murder Conviction and Voids 3 Sentences in Blackwater Case – 4 August 2017

https://mobile.nytimes.com/2017/08/04/world/middleeast/blackwater-contractors-iraq-sentences.html?emc=edit_na_20170804&nl=breaking-news&nlid=44923803&ref=cta&referer= And for background, see: Govern, Kevin H. and Bales, Eric C., Taking Shots at Private Military Firms: International Law Misses its Mark (Again) (May 29, 2008). Fordham International Law Journal, Vol. 32, No. 1, 2008. Available at SSRN: https://ssrn.com/abstract=2070437  


Lawfare – Federal Prosecution is a Viable Option for Enemy Combatants – 24 July 2017

https://www.lawfareblog.com/federal-prosecution-viable-option-enemy-combatants By Mary B. McCord Monday, July 24, 2017, 2:19 PM “It is true, of course, that the United States will not have an Article III option in every case in which it has the opportunity to take custody of an enemy combatant. Law enforcement officials may lack the quantum…



CERL – Journalistic Ethics and the National Security State: Transparency and the Rule of Law in Democratic Societies – 9-11 November 2017

https://www.law.upenn.edu/newsevents/calendar.php#!event_id/54742/view/event Democratic governance depends on an engaged and educated public, to which transparency and access to accurate information are essential. At the same time, effective national security has always relied on secrecy and the ability control sensitive information. Journalists and the public at large all understand that there is a…