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This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). NSL Unscripted is a national security law (NSL) practitioner’s podcast bringing conversations with NSL practitioners and leaders—in the military, government, and civilian practice, as well as discussions on emerging and hot topics. NSL Unscripted is not just your typical hot topic update podcast, though. We also bring you leadership and mentorship tips and lessons for those leading in national security law today.
The National Security Law Department (ADN) at TJAGLCS, a joint team of national security law professors and practitioners from all U.S. military services, produces this podcast. ADN is responsible for the education of judge advocates and senior Army leaders on NSL to include the law of armed conflict (LOAC). NSL practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement located at https://tjaglcs.army.mil/publications. Connect with TJAGLCS by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs). ADN hopes you enjoy NSL Unscripted.
The National Security Law Department (ADN) at TJAGLCS, a joint team of national security law professors and practitioners from all U.S. military services, produces this podcast. ADN is responsible for the education of judge advocates and senior Army leaders on NSL to include the law of armed conflict (LOAC). NSL practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement located at https://tjaglcs.army.mil/publications. Connect with TJAGLCS by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs). ADN hopes you enjoy NSL Unscripted.
23 Episodes
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In this episode, MAJ Brian Jones, Associate Professor in the National Security Law Department, talks with Professor Vinita Singh, Assistant Professor at the University of Iowa College of Law. Professor Singh shares her research on economic sanctions imposed by the United States and European Union connected with the Russia–Ukraine war. Professor Singh focuses on export controls on luxury goods, using those measures as a case study to reevaluate widespread beliefs about the effectiveness of economic sanctions. Professor Singh discusses her arguments in favor of reconceptualizing the utility of economic sanctions and proposes new paradigms for considering and measuring the success of economic sanctions.
Professor Singh’s article, Louboutin Lawfare: Exploring Conceptions of Sanctions Utility Through Export Controls on Luxury Goods, is forthcoming in the Northwestern University Law Review. It is currently available for review on SSRN here.
Learn more about The Quill & Sword series of podcasts by visiting our pod-cast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode is part two of a two-part series which captures the live recording of a panel held at the 1st Emerging Technologies in the Law Course. In this episode, LTC(R) Laura West, Former Chair of the National Security Law De-partment, wraps up her conversation with the panelists and ends by fielding questions from the audience. Tune is as the esteemed panelists, Professor Gary Corn, Director of the Technology, Law & Security Program at American University Washington College of Law, Mr. Jonathan Horowitz, Legal Advisor at International Committee of the Red Cross-ICRC, and Mr. Matt Fussa, Trust Officer at Cisco Systems, finish the fascinating conversation they started last episode!
NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications - https://tjaglcs.army.mil/.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Un-scripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Depart-ment). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode is part one of a two-part series which captures the live recording of a panel held at the 1st Emerging Technologies in the Law Course. Moder-ated by, LTC(R) Laura West, Former Chair of the National Security Law De-partment, the panel discusses the private sector’s emerging role in current and future conflict, as well as how government practitioners should consider working alongside big tech companies in future warfare. The esteemed panel-ists, Professor Gary Corn, Director of the Technology, Law & Security Pro-gram at American University Washington College of Law, Mr. Jonathan Hor-owitz, Legal Advisor at International Committee of the Red Cross-ICRC, and Mr. Matt Fussa, Trust Officer at Cisco Systems, all provide different, expert perspectives on the increasing and complex role of big tech in conflict.
NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications - https://tjaglcs.army.mil/.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, MAJ Emily Bobenrieth, Associate Professor in the National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with LTC Kevin Schieman, Academy Professor at in the Department of Law and Philosophy at the United States Military Academy. As both a professor and a philosopher, LTC Schieman shares his research and insights on the relationship between trust, trustworthiness, and artificial intelligence. LTC Schieman also discusses how trusting and using these technologies impacts to command responsibility, and how understanding the technology is critical for both commanders and command advisors.
LTC Shieman’s publication mentioned in the podcast can be found here: https://philarchive.org/archive/SCHTSS-21
NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, LTC Dan Maurer sits down with Dakota Rudesill, Associate Professor of Law at Ohio State’s Moritz College of Law. During this episode, Professor Rudesill discusses his in-depth study of “secret law,” from classified executive branch policy and pseudo-binding opinions by the Department of Justice’s Office of Legal Counsel in times of armed conflict to the proliferation of classified statutes and their annexes since the 1970s. Wide-ranging, the conversation touches on the historical prevalence of secret law, reasons for its growth, how courts address it, how to reconcile it with democratic norms, and his recommendations for responsible reform.
NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode features Maj Fabiani Duarte, Associate Professor in the National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Ashley Deeks, UVA Law School Professor and recent White House associate counsel and deputy legal adviser to the National Security Council. In this episode, Professor Deeks discusses Artificial Intelligence (AI) in the military and the U.S. Executive branch with Maj Duarte. They also discuss Professor Deeks’ forthcoming publication, The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability which discusses the increasing reliance on AI by Executive branch agencies like the Department of Defense and CIA and how to hold the Executive branch accountable for the use of AI tools and machine-learning (ML) systems in high-risk national security settings. The “double black box” problem that Professor Deeks identifies is the customary secrecy of much of the business of the Executive branch, coupled with the opaque nature of AI/ML tools themselves, significantly complicating democratic oversight and accountability. Professor Deeks presents several potential solutions to help better govern AI tools employed by the U.S. government and also weighs in on the global AI agreements. The discussion also delves into Professor Deeks’ career working for the National Security Council, the State Department, and her current work as a law professor.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode features LtCol Grant McDowell, Acting-Chair, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Dr. Jill Goldenziel, Professor, National Defense University-College of Information and Cyberspace. In this episode, Dr. Goldenziel discusses the often-debated topic of Lawfare with LtCol McDowell. They touch upon many areas during their conversation including the definitions of Lawfare, current efforts in the US to counter-Lawfare, activities by US partner-nations and competitors in the Lawfare sphere, suggest possible ways forward for US strategy, and provide recommendations on materials and readings on how NSL practioners can better prepare themselves when encountering this area of the law.
In this episode, CPT Brandon Pugh sits down with Lt Gen (Ret.) John “Jack” Shanahan an expert in the artificial intelligence (AI) field to discuss AI. In his final assignment he served as the inaugural Director of the U.S. Department of Defense (DoD) Joint Artificial Center (JAIC). During this episode, Lt Gen (Ret.) Shanahan discusses how he became the DoD’s lead on AI, standing up Project Maven as the director, the process of introducing AI into the DoD, and AI ethics in the DoD including DoD Directive 3000.09 Autonomy in Weapon Systems. The episode ends with Lt Gen (Ret.) Shanahan discussing the future of AI and potential legislation that may be proposed.
NSL Practitioner's interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications.
Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively addressed, these legal shortcomings will have a significant impact on U.S. national security.
His article is titled “What Happens When the Packets Go Away? How the Quantum Internet Will Diminish Electronic Surveillance Programs and Change Cybersecurity Forever.” The article is published in print and online formats by the Boston University Journal of Science & Technology Law.
This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a “catalyst for conflict.” Professor Nevitt explains how existing domestic legal framework works to protect DoD assets and infrastructure from rising sea levels and catastrophic weather events. The discussion ends with how environmental factors have profoundly impacted the Russia-Ukraine conflict.
Professor Nevitt discusses points from two of his recent publications linked here: https://scholarlycommons.law.northwestern.edu/nulr_online/335/ ; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4589536
In this episode, Major John Tramazzo, Fellow and Professor of Law at the Stockton Center for International Law, is interviewed about his scholarship and research into Deep Fake technology. John shares his research, best reads for military practitioners, and some legal considerations for the military applications of this emerging technology.
MAJ Tramazzo discusses points from this interview linked here: https://mwi.westpoint.edu/deepfakes-and-deception-a-framework-for-the-ethical-and-legal-use-of-machine-manipulated-media/
This episode features Major Adam Reitz, USAF, Associate Professor, Na-tional Security Law Department at The Judge Advocate General’s Legal Cen-ter and School, interviewing Colonel (Ret.) Todd Pennington, then-Staff Judge Advocate, U.S. Space Command on space law including the strategic competition with the People’s Republic of China. In this episode, Col.(Ret.) Pennington discusses the newly released “Tenets of Responsible Behavior in Space and associated specific behaviors,” addresses the differences between U.S. Space Command and U.S. Space Force, and explains why we are all space lawyers now. This episode is part of a series of episodes with military practitioners in NSL providing career and leadership advice. Although it is fo-cused on military NSL practice, Col(Ret.) Pennington offers his thoughts on the joint environment and scholarly writing for anyone based on his almost 25 years of military service.
In this episode, Lieutenant Colonel Dan Maurer, Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews David Crane about his work towards global accountability for international crimes and specifically discusses international efforts to hold the Russian Federation accountable for atrocities in Ukraine.
In this episode, Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with Major Jessica Dawson and Mr. Brandon Pugh to discuss the threat data privacy, or lack thereof, poses to national security, servicemembers, and Americans at large. Both experts in the data privacy field, MAJ Dawson and Mr. Pugh engage in a candid discussion about the way data is collected and used by private companies and foreign adversaries to engage in activities: from ad targeting to waging war. Mr. Pugh also sheds light on the ongoing policy and legislative efforts to protect Americans. The episode ends with both experts’ thoughts on how NSL practitioners can best advise their commands now on this complex issue.
MAJ Dawson and Mr. Pugh co-published an article in Defense News, discussing how the Russia-Ukraine conflict highlights the U.S. military’s data privacy vulnerabilities. The article can be found at the following URL: https://www.defensenews.com/opinion/2022/04/14/ukraine-conflict-heightens-us-militarys-data-privacy-vulnerabilities/.
In this episode, Major Emily Bobenrieth sits down with Ms. Lakmini Seneviratne, Legal Advisor and Head of the Legal department for the International Committee of the Red Cross (ICRC) Regional Delegation for the United States and Cana-da located in Washington, D.C. Having joined the ICRC in 2008, Ms. Seneviratne discusses her path to becoming an operational legal advisor, the mission of the ICRC, and the attorneys who advise this unique organization. She touches on cur-rent operational legal challenges facing the ICRC, as well as how the ICRC inter-acts with DoD and uniformed attorneys in operational environments. This episode ends with her thoughts on how a near-peer, large-scale combat operation (LSCO) will present grave challenges to the ICRC’s mission, and why the international community should strive to avoid any LSCO, as the humanitarian costs of such a conflict would be devastating.
Ms. Seneviratne co-published an article in Articles of War, touching many of the ideas discussed in this podcast. The article can be found at the following URL: https://lieber.westpoint.edu/reducing-human-cost-large-scale-military-operations/
In this episode, Major Grant McDowell, Vice Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews Lieutenant Colonel Peter C. Combe II, USMC about National Security Law (NSL) issues regarding combat in the littorals. LtCol Combe’s unique experiences on staff, in PME and Planner schools, and through his extensive research and publications on Expeditionary Advanced Base Operations (EABO) make him a clear subject matter expert in littoral operations. During the discussion, LtCol Combe provides a clear understanding of what the littorals are, why they are important, explanation of EABO, and areas of law NSL Practitioners should focus on when preparing for these types of operations. Further, LtCol Combe provides valuable guidance applicable to all judge advocates and practitioners on how to be effective when working with staff officers and Commanders.
LtCol Combe’s article on the Center for International Maritime Security further elaborates on this interview and can be found at the following URL: https://cimsec.org/expeditionary-advanced-base-operations-national-security-law-at-the-operational-level-of-war
In this episode, Lieutenant Colonel Laura West, Solf-Warren Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews department colleague, Lieutenant Colonel Dan Maurer, about an emerging issue in National Security Law (NSL). LTC Maurer discusses the recently fielded “ePPO” app, a cell phone-accessible program that permits Ukrainian civilians to visually identify, locate, and track the trajectory of airborne threats like Russian drones, helicopters, and rockets. Given a State’s duty to take feasible precautions and constant care to prevent or limit civilian collateral harms, LTC Maurer analyzes whether these conditions (a government actively providing the means or encouragement to engage in direct participation in hostilities (DPH)) trigger a legal duty on the State to warn its civilians of the legal consequences of their DPHing. The question is broader than the “ePPO” app itself, but the Ukrainian context provides a starting point for examining how modern technology pushes against the boundaries of conventional international law.
In this episode, Maj Grant McDowell (U.S. Marine Corps), Vice-Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews Professor Adam Oler, Associate Professor of Strategy and Chair, Department of Security Studies at the National War College, National Defense University about the Baltic Gavel national security law simulation. Students from the 71st Graduate Course Current Topics in National Security Law participated alongside law students from Emory Law in this simulation.
The National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School, a joint team of national security law professors and practitioners from all U.S. military services, produces this podcast. ADN is responsible for the education of judge advocates and senior Army leaders on NSL to include the law of armed conflict (LOAC).
NSL Practitioner's interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Library of Congress Military Legal Resources page.
For any listeners interested in contacting Professor Oler, he can be reached by his e-mail at adam.oler.civ@ndu.edu as promised in the episode on outreach information about Baltic Gavel.
In this episode, LTC Laura West, Solf-Warren Chair and Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), sits down with Todd Huntley, Director of the National Security Law Program at Georgetown Law and CAPT Keith Gibel, Professor in the National Security Law Department, to discuss and introduce listeners to emerging technologies and some of the basic legal, ethical, and strategic concerns raised by emerging technologies today.
The National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School, a joint team of national security law professors and practitioners from all U.S. military services, produces this podcast. ADN is responsible for the education of judge advocates and senior Army leaders on NSL to include the law of armed conflict (LOAC).
NSL Practitioner's interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Library of Congress Military Legal Resources page (https://www.loc.gov/collections/military-legal-resources).
This episode features MAJ M. Keoni Medici, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School interviewing COL Eric Widmar, Staff Judge Advocate, U.S. Central Command on his career as an NSL practitioner in the military and providing career advice for military practitioners. COL Widmar shares his experiences of being the senior legal advisor at the 75th Ranger Regiment, the deputy legal advisor to the Chairman of the Joint Chiefs of Staff, and now as the senior legal advisor to a unified Combatant Command, U.S. Central Command. He offers a picture of practice at the strategic, operational, and tactical levels in the military.
Although the episode is focused on military NSL practice, COL Widmar offers leadership and mentorship tips for anyone leading in national security law practice today!
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