Main Edition
Volume 15, Issue 2
Volume 15, Issue 2 is out!
Book Review: Hidden in Plain Sight: Redefining the Field of National Security (reviewing Race and National Security (Matiangai Sirleaf ed., Oxford Univ. Press 2023))
Aziza Ahmed [*] [This essay is available in PDF at this link] Throughout his campaign for presidency, Trump called for a ban on Muslims entering the United States. As President, he kept his word. Only days after he took office, the new administration released the first version of the Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.1 The first Executive Order, however, did not say the word Muslim. Instead, it listed only Muslim-majority countries as necessary for restrictions on entry. The...
The Significance of a Judicial Power to Identify Major Questions and Shield State Secrets for the Future of Foreign Affairs and National Security Governance
Karen C. Sokol [*] [This essay is available in PDF at this link] Foreign relations and national security law scholars devote significant attention to the expansion of executive power resulting from broad delegations of statutory authority or inaction by Congress and from the considerable deference that courts often afford the executive in cases challenging its actions in the spheres of foreign affairs and national security. Recent decisions of the Roberts Court, however, make clear that scholars should pay just as much—and in some...
Large Constellations of Small Satellites: The Good, the Bad, the Ugly, and the Illegal
David A. Koplow [*] [This essay is available in PDF at this link] The most exciting and far-reaching contemporary developments regarding human activities in outer space arise from the recent drastic reductions in the costs of building, launching, and operating satellites, and from the concomitant sudden emergence of large constellations of small, inexpensive, privately-owned spacecraft. These satellites—devoted to highly remunerative functions such as communications (bringing high-speed, affordable internet to underserved...
Performative Economic Sanctions: How Sanctions Work Without Economic Harm
Katniss Xuejiao Li[*] [This essay is available in PDF at this link] This Article proposes and develops a concept of performative economic sanctions, challenging the traditional notion that sanctions must inflict eco- nomic harm to be effective. It examines the sanctions practices of China and Russia, unveiling a strategic approach that is different from the conventional model of coercive sanctions. Unlike typical sanctions which aimed at economic harm on the targets, performative sanctions leverage rhetoric that appeals to...
How Private Actors Are Impacting U.S. Economic Sanctions
Maryam Jamshidi[*] [This essay is available in PDF at this link] Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used...