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Volume 13, Issue 1

Masthead CFIUS Preemption by Kristen E. Eichensehr Spurred by concerns about a Chinese-owned wind farm, Texas recently enacted the Lone Star Infrastructure Protection Act to prohibit companies and Texas governmental entities from entering into agreements relating to critical infrastructure with companies that have certain ties to China, Iran, North Korea, or Russia. The Texas statute presents an opportunity to consider the preemptive scope of the federal Committee on Foreign Investment in the United States (CFIUS) process, which reviews inbound foreign investments for national security concerns, takes steps to mitigate risks, and occasionally blocks transactions through presidential action. This Essay argues […]

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Advantaging Aggressors: Justice & Deterrence in International Law

By Paul H. Robinson* & Adil Ahmad Haque** — Click here to read the full text of the Article Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they can be. No domestic criminal law system would tolerate their use. There are good practical reasons why international law should care that its rules are perceived as unjust. Given the lack of an effective international law enforcement mechanism, compliance depends

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Demystifying the Title 10-Title 50 Debate: Distinguishing Military Operations, Intelligence Activities & Covert Action

By Andru E. Wall* — Click here to read the full text of the Article Modern warfare requires close integration of military and intelligence forces. The Secretary of Defense possesses authorities under Title 10 and Title 50 and is best suited to lead US government operations against external unconventional and cyber threats. Titles 10 and 50 create mutually supporting, not mutually exclusive, authorities. Operations conducted under military command and control pursuant to a Secretary of Defense-issued execute order are military operations and not intelligence activities. Attempts by congressional overseers to redefine military preparatory operations as intelligence activities are legally and

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