Known as the biggest destabilizing force in the Middle East, this week we begin a multi-part series on the state of Iran. Host Elisa is joined by Brian Egan, Partner at Skadden, to discuss our complicated history with Iran, where it started, and where we stand today.

Brian Egan is a Partner at Skadden:

https://www.skadden.com/en/Professionals/E/Egan-Brian

Brian Egan will be leading a panel on Thursday morning, Nov. 17th, during our Annual Review Conference on “The Economic Tools of National Security.” The panel will also feature the Director of the Office of Foreign Asset Control, and the Deputy Assistant Secretary for Investment Security Operations, both at Treasury, the former Chief Counsel for the Senate Committee on Foreign Relations and Temple University professor of law. Don’t miss the discussion!

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

References:

The Algiers Accords, 1981:

https://www.parstimes.com/history/algiers_accords.pdf

E.O. 13224:

https://www.state.gov/executive-order-13224/

The Patriot Act:

https://www.congress.gov/107/plaws/publ56/PLAW-107publ56.pdf

It's midterm election season, and on Congress' docket are two bills that will impact how the electoral college is certified. This week, we're revisiting the second half of our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned discusses what a successful election looks like in America and the lessons learned from the milestone case of Bush v. Gore.

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program:

https://moritzlaw.osu.edu/edward-b-foley

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

References:

Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020:

https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-rigged-412557

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020:

https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us&lang=en&

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016:

https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us&lang=en&

Bush v. Gore 531 US 98 (2000):

https://www.oyez.org/cases/2000/00-949

Full Case Opinion (PDF): https://supreme.justia.com/cases/federal/us/531/98/case.pdf

Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020:

https://www.abajournal.com/news/article/dec.-8-safe-harbor-deadline-is-a-critical-date-in-nightmare-election-scenarios

Last month, the House passed a bill to reform the electoral college. This week, we're revisiting our conversation with Professor Edward Foley, Director of Election Law at Ohio State University's Moritz College of Law. Ned dives in on how Americans elect our federal officers, and how the law and the courts have ruled on voting; from naming electors to deciding Bush v. Gore in 2000.

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program:

https://moritzlaw.osu.edu/edward-b-foley

References:

Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020:

https://www.washingtonpost.com/opinions/2020/10/19/does-the-constitution-protect-your-right-to-vote/

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020:https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us&lang=en&

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016:

https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us&lang=en&

Bush v. Gore 531 US 98 (2000):

https://www.oyez.org/cases/2000/00-949

Chiafalo v. Washington 591 US_ (2020):

https://www.oyez.org/cases/2019/19-465

Republican Party of Pennsylvania v. Boockvar:

https://www.scotusblog.com/case-files/cases/republican-party-of-pennsylvania-v-degraffenreid-2/

Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020:

https://www.washingtonpost.com/opinions/2020/10/20/supreme-court-ruling-ballot-deadlines-may-be-more-reprieve-democrats-than-win/

Part 2 of 2 – For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikof welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security.

Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society:

https://www.acslaw.org/person/russ-feingold/

Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University:

https://law.stanford.edu/directory/peter-prindiville/

Harvey Rishikof is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland:

https://www.cyber.pitt.edu/people/harvey-rishikof

References:

Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022.

https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/

Article I Section 10, U.S. Constitution:

https://constitution.congress.gov/browse/article-1/section-10/clause-1/

Article V, U.S. Constitution:

https://www.archives.gov/federal-register/constitution/article-v.html

The Virginia Plan, 1787:

https://www.archives.gov/milestone-documents/virginia-plan

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikoff welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security.

Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society:

https://www.acslaw.org/person/russ-feingold/

Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University:

https://law.stanford.edu/directory/peter-prindiville/

Harvey Rishikoff is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland:

https://www.cyber.pitt.edu/people/harvey-rishikof

References:

Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022.

https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/

Article V, U.S. Constitution:

https://www.archives.gov/federal-register/constitution/article-v.html

The Virginia Plan, 1787:

https://www.archives.gov/milestone-documents/virginia-plan

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

Part 2 of 2 – Many of the problems we face today, from recent global recessions to climate change, can be traced back to short term thinking. This week, host Elisa is joined by Ari Wallach, futurist and author of Longpath: Becoming the Great Ancestors our Future Needs. Ari acutely notes that we are at a significant turning point in history, one when bold change is needed to lay the groundwork for future generations. Yet, many Americans remain distracted by division and focused on the here and now. How do we compare to other nations that might be taking a longer term view of themselves? And how can we rethink our political, corporate, and education systems to better adapt to, and take leadership in, establishing the innovations to come?

Ari Wallach is the Founder and Executive Director of Longpath Labs, and the author of Longpath: Becoming the Great Ancestors our Future Needs: An Antidote for Short-Termism:

https://www.longpath.org/ari-wallach

Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022.

https://www.longpath.org/book

References:

George Kennan's "Long Telegram," February 22nd, 1946:

https://nsarchive2.gwu.edu/coldwar/documents/episode-1/kennan.htm

The National Intelligence Estimate on Climate Change:

https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf

Ari Wallach's TED Talk, "Three ways to plan for the (very) long term:"

https://www.ted.com/talks/ari_wallach_3_ways_to_plan_for_the_very_long_term

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

Many of the problems we face today, from recent global recessions to climate change, can be traced back to short term thinking. This week, host Elisa is joined by Ari Wallach, futurist and author of Longpath: Becoming the Great Ancestors our Future Needs. Ari acutely notes that we are at a significant turning point in history, one when bold change is needed to lay the groundwork for future generations. Yet, many Americans remain distracted by division and focused on the here and now. How do we compare to other nations that might be taking a longer term view of themselves? And how can we rethink our political, corporate, and education systems to better adapt to, and take leadership in, establishing the innovations to come?

Ari Wallach is the Founder and Executive Director of Longpath Labs, and the author of Longpath: Becoming the Great Ancestors our Future Needs: An Antidote for Short-Termism:

https://www.longpath.org/ari-wallach

Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022.

https://www.longpath.org/book

References:

George Kennan's "Long Telegram," February 22nd, 1946:

https://nsarchive2.gwu.edu/coldwar/documents/episode-1/kennan.htm

The National Intelligence Estimate on Climate Change:

https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

Listen to NSLT on Apple Podcasts:

https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676

Listen to NSLT on Spotify:

https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=69ca3d37c4714ded

This week we're covering the range of national security related topics that have been making headlines. Host Elisa is joined by Bill Banks to discuss the latest impacts of climate change, Ukraine's comeback, China's elections, and looking back on 21 years since the attacks on 9/11. And stick around towards the end of the episode for NSLT's latest book recommendations!

Bill Banks is Chair of the ABA Standing Committee on Law and National Security, and Emeritus Professor at the Syracuse University College of Law:

http://law.syr.edu/profile/william-banks1

References:

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

The National Intelligence Estimate on Climate Change:

https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf

The Authorization for Use of Military Force (AUMF):

https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf

The Patriot Act:

https://www.congress.gov/107/plaws/publ56/PLAW-107publ56.pdf

Fisher, Max. The Chaos Machine: The Inside Story of How Social Media Rewired Our Minds and Our World. Little, Brown, 2023:

https://www.littlebrown.com/titles/max-fisher/the-chaos-machine/9780316703314/

Singer, P. W., and Emerson T. Brooking. Likewar: The Weaponization of Social Media. Mariner Books, Houghton Mifflin Harcourt, 2019.

https://www.likewarbook.com

Canellos, Peter S. The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero. Simon & Schuster Paperbacks, an Imprint of Simon & Schuster, Inc., 2022.

https://www.simonandschuster.com/books/The-Great-Dissenter/Peter-S-Canellos/9781501188213

Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022.

https://www.longpath.org/book

Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022.

https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/

Listen to NSLT on Apple Podcasts:

https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676

Listen to NSLT on Spotify:

https://open.spotify.com/show/4KgtjLDlxsNxYrCLuOoF1I?si=b4e7eed1aace4e30

What makes the world go round? It is increasingly obvious that today the answer is "data" – specifically, data about individuals that companies collect, transmit, and store. Understandably, governments seek access to that data to protect national security and public safety, but such access raises serious privacy concerns, both at home and abroad. This week's episode features an expert panel from our CLE conference this past February. The panel discusses the various angles of data privacy, as well as the national security benefits and risks of international data flows.

To hear the entirety of this panel discussion, please visit our website:

https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/

For more information on our past CLE Conference: Emerging Critical Issues:

https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/

This panel was moderated by Alex Joel, Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio

Ben Huebner is Chief, ODNI Civil Liberties, Privacy and Transparency Office:

https://www.dni.gov/index.php/component/content/article?id=350&Itemid=800

Leonard Bailey is Head of Computer Crime and Intellectual Property Section’s (CCIPS) Cybersecurity Unit and Special Counsel for National Security in the Department of Justice’s (DOJ) Criminal Division:

https://www.law.georgetown.edu/national-security-center/our-team/leadership-staff/leonard-bailey/

Estelle Masse is Europe Legislative Manager and Global Data Protection Lead at Access Now:

https://www.accessnow.org/profile/estelle-masse/

Stewart Baker is Of Counsel at Steptoe:

https://www.steptoe.com/en/lawyers/stewart-baker.html

References:

Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022:

https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

The EU General Data Protection Regulation (GDPR):

https://www.trade.gov/european-union-data-privacy-and-protection

Carpenter v. United States:

https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

Riley v. California:

https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf

Paul Ohm, "The Broad Reach of Carpenter v. United States." Just Security. June 27, 2018:

https://www.justsecurity.org/58520/broad-reach-carpenter-v-united-states/

The Fourth Amendment Third Party Doctrine:

https://sgp.fas.org/crs/misc/R43586.pdf

Leaders of A Beautiful Struggle v. Baltimore Police Department:

https://www.ca4.uscourts.gov/opinions/201495A.P.pdf

Smith v. Maryland:

https://supreme.justia.com/cases/federal/us/442/735/

E.O. 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

Today's media landscape is plagued with division. This week, host Elisa is joined by Chris Stirewalt, former Fox News political editor and author of Broken News: Why the Media Rage Machine Divides America and How to Fight Back. Chris joins the cast to discuss how contemporary news outlets are drifting further into sensationalism and "rage revenue" and away from the civic-minded duty of keeping audiences informed. How can good journalism thrive in a sea of clickbait and extreme viewpoints? How does this business model endanger our national security? And are Americans still willing to read and hear thoughts that challenge their own viewpoints?

Chirs Stirewalt is a Senior Fellow at the American Enterprise Institute:

https://www.aei.org/profile/chris-stirewalt/

Stirewalt, Chris. Broken News: Why the Media Rage Machine Divides America and How to Fight Back. Center Street, 2022:

https://www.centerstreet.com/titles/chris-stirewalt/broken-news/9781546002635/

References:

Chris Stirewalt testimony at January 6th committee hearing:

https://www.youtube.com/watch?v=HwDfXQKAtgM

The New U.S. Intelligence Community Law Sourcebook, 2021-2022 Edition:

https://www.americanbar.org/products/inv/book/417416664/