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International Law (Treaties, Intergovernmental Relations)

Devolution and Secession in the Modern World - Podcast

International & National Security Law Practice Group Podcast
Philip Booth, Ilya Somin June 22, 2016

On the eve of the British referendum to remain in the European Union, Phillip Booth of the Institute of Economic Affairs and Ilya Somin of George Mason University Law School discussed broader issues of devolution and secession, such as the extent to which secession should be allowed from various political systems and whether or not a right to it should be institutionalized. The also took a closer look at the possibility of a British exit, and what that would mean for the European Union and Britain as a whole.

Featuring:

  • Prof. Philip Booth, Editorial and Programme Director at the Institute of Economic Affairs and Professor of Insurance and Risk Management at Cass Business School
  • Prof. Ilya Somin, Professor of Law, George Mason University School of Law

Should the United States Cede Control of the Internet? - Podcast

Telecommunications & Electronic Media Practice Group Podcast
John M.R. Kneuer, Shane Tews May 26, 2016

Should the United States Cede Control of the Internet? On Tuesday, May 24, the United States Senate Committee on Commerce, Science, and Transportation, will hold a hearing titled “Examining the Multistakeholder Plan for Transitioning the Internet Assigned Number Authority.” The hearing will examine the proposed transition of oversight of the Internet Assigned Numbers Authority (IANA), a department of the Internet Corporation for Assigned Names and Numbers (ICANN) that allocates Internet IP addresses and domain names, to the global multistakeholder community. Our experts discussed the implications of the proposed transition.

Featuring:

  • John M.R. Kneuer, President and Founder, JKC Consulting LLC and Seinor Partner, Fairfax Media Partners
  • Shane Tews, Visiting Fellow, Center for Internet, Communications, and Technology Policy, American Enterprise Institute

Bank Markazi v. Peterson - Post-Decision SCOTUScast

SCOTUScast 5-16-16 featuring Erik Zimmerman
Erik Zimmerman May 16, 2016

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson. The Iran Threat Reduction and Syria Human Rights Act of 2012 makes a designated set of assets available to satisfy the judgments gained in separate actions by victims of terrorist acts sponsored by Iran. Section 8772(a)(2) of the statute requires a court, before allowing execution against these assets, to determine, inter alia, “whether Iran holds equitable title to, or the beneficial interest in, the assets.” Respondents—more than 1,000 victims of Iran-sponsored acts of terrorism, their estate representatives, and surviving family members—hold judgments against Iran and moved for turnover of about $1.75 billion in bond assets held in a New York bank account allegedly owned by Bank Markazi, the Central Bank of Iran. When respondents invoked §8772, Bank Markazi argued that the statute was unconstitutional, contending that Congress had usurped the judicial role by directing a particular result in a pending enforcement proceeding and thereby violating the separation of powers.  The District Court disagreed and upheld the statute. The U.S. Court of Appeals for the Second Circuit affirmed, and Bank Markazi took its objection to the U.S. Supreme Court.

By a vote of 6-2, the Supreme Court affirmed the judgment of the Second Circuit. Justice Ginsburg delivered the opinion of the Court, which held that Section 8772 does not violate the separation of powers. Justice Ginsburg was joined by Justices Kennedy, Breyer, Alito, and Kagan. Justice Thomas joined the majority opinion in all but Part II-C. Chief Justice Roberts filed a dissenting opinion in which Justice Sotomayor joined.

To discuss the case, we have Erik Zimmerman, who is an attorney at Robinson, Bradshaw & Hinson, PA.

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