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The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part III: Questions for the Record—Private Litigation Will Likely Fail to Secure Relief for U.S. Victims

Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] Professor Chimène Keitner submitted written testimony, answered questions at the hearing, and provided written responses to follow-up Questions for the Record from committee members. This is Part III in a series of works by Professor Keitner that the Harvard National Security Journal will publish this year. Part I memorialized Professor Keitner’s prepared written testimony.[2] This Part, along with one prior and one subsequent installment in this series, contains Professor Keitner’s […]

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Shining Light on the “Going Dark” Phenomenon: U.S. Efforts to Overcome the Use of End-to-End Encryption by Islamic State Supporters

Ryan Pereira [*] [This article is available as a PDF at this link.] Introduction On May 3, 2015, two individuals committed to the Islamic State (IS) and armed with high-powered assault rifles opened fire at a contest for cartoon depictions of the Prophet Muhammad held in Garland, Texas.[1] The two gunmen injured an off-duty police officer before another officer shot and killed them.[2] After the attack, the U.S. government disclosed that Elton Simpson, one of the two gunmen, had been in direct contact with Junaid Hussain, an IS external attack planner located in Syria, using Twitter direct message and Surespot,

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Postwar

Robert M. Chesney* The following is a re-posting of a Volume 5 print article by Robert M. Chesney, the full text of which is available at this link. The article is newly relevant in light of the current situation in Afghanistan. Abstract Does it really matter, from a legal perspective, whether the U.S. government continues to maintain that it is in an armed conflict with al Qaeda? Critics of the status quo regarding the use of lethal force and military detention tend to assume that it matters a great deal and that shifting to a postwar framework will result in

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The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part II: Questions for the Record—Benefits to the United States from Foreign Sovereign Immunity

Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] Professor Chimène Keitner submitted written testimony, answered questions at the hearing, and provided written responses to follow-up Questions for the Record from committee members. This is Part II in a series of works by Professor Keitner that the Harvard National Security Journal will publish this year. Part I memorialized Professor Keitner’s prepared written testimony.[2] This Part, along with the subsequent installments in this series, contains Professor Keitner’s

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Thank Me for My Service: An Ethics Oversight in Department of Defense Social Media Policy

Matthew Fitzgerald[*] [This essay is available at this link] Introduction I think it might be edifying to you if you all had Facebook pages, because you might understand how it’s being used and misused.[1] In 2019, prominent “YouTuber” Austen Alexander posted a video titled “Why I Was Investigated by the Navy (not clickbait).”[2] The author’s YouTube channel features his creative commentary and insider’s take on employment as an active duty sailor.[3] The author earns thousands of dollars per month from the advertising revenue generated by his service-related content.[4] He identifies the regulatory space in which he operates as one of

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The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability, Part I: Written Testimony

Chimène Keitner[*] [This essay is available in PDF at this link] Introduction On June 23, 2020, the Senate Judiciary Committee held a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability.”[1] This article memorializes the written testimony of Professor Chimène Keitner submitted in advance of that hearing.[2] This is the first part in a series of works by Professor Keitner that the National Security Journal will publish in the coming weeks. In the later parts of the series, the Journal will publish Professor Keitner’s detailed responses to 39 Questions for the Record received from Senators following her testimony.

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