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International Law (Treaties, Intergovernmental Relations)

Executive Order 12333 and Foreign Intelligence Collection - Podcast

International & National Security Law Practice Group Podcast
Matthew G. Olsen, David R. Shedd, Matthew R.A. Heiman February 29, 2016

In 1981, President Reagan signed Executive Order 12333. It assigned foreign intelligence collection responsibilities to the agencies that make up the Intelligence Community. Among those responsibilities is electronic surveillance. Following the Edward Snowden disclosures, President Obama placed additional restrictions on the collection and use of certain foreign intelligence, and privacy advocates have argued that additional scrutiny must be applied to electronic surveillance related to Executive Order 12333. Our experts discussed how such collection works, how the intelligence is used, and how this activity supports national security.

Featuring:

  • Matthew G. Olsen, President, IronNet Cybersecurity
  • David R. Shedd, Distinguished Fellow, Heritage Foundation, Adjunct Professor, Patrick Henry College
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco International

Running Aground in the Surveillance Safe Harbor - Podcast

International & National Security Law Practice Group Podcast
Stewart A. Baker, Susan L. Foster, Matthew R.A. Heiman January 28, 2016

In October of 2015, the European Court of Justice invalidated the EU-U.S. Safe Harbor agreement that allows for the transfer of personal data by U.S. companies that comply with a set of primary principles. Based in part on the Edward Snowden disclosures, the Court reasoned that U.S. law fails to provide adequate protection for such data. Now, businesses are implementing remediation plans to maintain legal compliance, and EU and U.S. negotiators are negotiating Safe Harbor 2.0. As a condition to a new agreement, some European policymakers are demanding that the U.S. reform its electronic surveillance programs. Our panel discussed these intersecting issues.

Featuring:

  • Stewart A. Baker,Partner, Steptoe & Johnson LLP
  • Susan L. Foster, Member, Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C.
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco International 

Mike Lewis Memorial Teleforum: Defining the Law of War - Podcast

International & National Security Law Practice Group Podcast
Charles J. Dunlap, Michael A. Newton, Jeremy A. Rabkin January 19, 2016

“The law of war is of fundamental importance to the Armed Forces of the United States. The law of war is part of who we are.” So begins the new U.S. Department of Defense Law of War Manual, published last June, which had not been updated for nearly 60 years. At 1180 single-spaced pages and with 6,916 footnotes, the manual would seem to be thorough and exhaustive. Our experts will critique the Department of Defense Manual. Does it provide the guidance necessary to troops on the ground, commanders, and all actors in between? How does it address modern warfare, terrorism, and asymmetrical war? How does it define lawful and unlawful belligerents? What does it say about interrogation and detention? These and other questions were addressed by our experts.

Featuring:

  • Maj. Gen. Charles Dunlap, Professor of the Practice of Law Executive Director, Center on Law, Ethics and National Security, Duke University School of Law
  • Prof. Michael A. Newton, Professor of the Practice of Law, Vanderbilt University Law School
  • Moderator: Prof. Jeremy Rabkin, Professor of Law, George Mason University School of Law

“Power Wars”: Inside the War on Terror - Podcast

International & National Security Law Practice Group Podcast
Charlie Savage, Paul Rosenzweig December 18, 2015

Charlie Savage, the New York Times Pulitzer Prize winning journalist, has just released his new book, "Power Wars." The book is an examination of the legal issues surrounding the War on Terror as practiced in the Obama Administration. Following up on his earlier examination of the Bush White House, this book takes us behind the scenes into the heart of the legal debates. Readers get a front row seat to watch as President Obama and his lawyers consider whether it is lawful to send a SEAL team strike into Pakistan to hunt down Osama bin Laden. They see the cross currents at play in debates over NSA surveillance and drone strikes in Yemen, and much more.

Featuring:

  • Charlie Savage, Washington Correspondent, New York Times
  • Paul Rosenzweig, Principal, Red Branch Law & Consulting PLLC

The International Law and Policy of Counterterrorism - Event Audio/Video

International & National Security Law Practice Group
Jamil N. Jaffer, Matthew R.A. Heiman, Adam R. Pearlman, Peter S. Margulies, Vincent J. Vitkowsky November 23, 2015

As ISIS, al Qaeda and its offshoots, and other groups spread terror across the globe, it is vital to establish a strong framework for the international law and policy of counterterrorism. This includes understandings and cooperation on surveillance, detention, counterterrorism finance, and the law of espionage. These subjects will be addressed by panelists with both real world and academic experience.

This panel was presented by the American Branch of International Law Association, the International Law Students Association, and the Federalist Society's International & National Security Law Practice Group at the 2015 International Law Weekend at Fordham University School of Law on November 6, 2015.

Featuring:

  • Prof. Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland & National Security Law Program at George Mason University School of Law, former Chief Counsel & Senior Advisor at the Senate Foreign Relations Committee, and former Associate Counsel to President George W. Bush
  • Mr. Matthew Heiman, Vice President, Chief Compliance and Audit Officer, Tyco International; former Attorney Advisor, U.S. Department of Justice National Security Division; former Legal Advisor, Coalition Provisional Authority, Ministry of Justice, Iraq
  • Mr. Adam R. Pearlman, Associate Deputy General Counsel, U.S. Department of Defense (appearing in his personal capacity and not as a representative of the Department of Defense); Co-Editor of The American Bar Association's publication The U.S. Intelligence Community Law Sourcebook
  • Prof. Peter Margulies, Professor of Law, Roger Williams Law School
  • Moderator: Mr. Vincent Vitkowsky, Partner, Seiger Gfeller & Laurie LLP, member of the Executive Committee of ABILA, and Chairman of the Federalist Society's International & National Security Law Practice Group

Fordham University School of Law
New York, NY