Episode 5: Does this Podcast Apply Extraterritorially?

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8 • 646 Ratings

🗓️ 21 February 2017

⏱️ 46 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this episode, Professors Chesney and Vladeck consider whether the Supreme Court is poised to use a border-shooting case (Hernandez v. Mesa) to expand Fourth or Fifth Amendment rights for non-citizens outside the United States, and what this might mean for other scenarios ranging from drone strikes to SIGINT collection and network investigative techniques the FBI might use with overseas effect. They then turn their attention to the fight against the Islamic State in Mosul, exploring the evolving role of U.S. ground forces there. Next, they provide a detailed update on four sets of cases involving the military commission system. Finally, they spiral out of control (and coherence) with their views on how to improve the NBA all-star game. Seriously, guys?

Transcript

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0:00.0	Hello, from Austin, Texas. This is episode number five of the National Security Law podcast,
0:06.4	brought to you by the Strauss Center for International Security and Law at the University of Texas at Austin.
0:12.8	Who are you? Let me check my ID. Bobby Chesney, professor here at UT. How about you?
0:18.2	Steve Lottick, also teaching here at UT. Bobby, it's about
0:21.0	two o'clock on what days today, Tuesday, February 21st. And still no music to introduce the
0:27.3	podcast. Still no music, but at least we have things to talk about, including a rare Tuesday
0:31.9	episode because I am getting on a plane to run away from this place as fast as I can.
0:35.9	You just had a bad experience in class the other day?
0:38.5	You know, this guy I'm teaching with a semester, he really just shows me up left and
0:42.4	right with all of his knowledge.
0:43.5	I've heard about that guy.
0:44.5	He's the worst.
0:45.5	But actually, no, I mean, I'm heading over to Ireland to testify as part of the ongoing
0:49.2	litigation between Facebook and various Europeans over privacy Shield and cross-border data sharing agreements and that whole big mess.
0:58.2	All right, so clearly we're going to have to talk next week about your experience when you get back.
1:02.3	That plus I want to hear how the Guinness Factory is doing. I assume that'll be the venue in which you're testifying.
1:07.7	That would be a great, or maybe that's where I'll go beforehand to kick the day off.
1:11.4	Now you're talking. So Bobby, what's going on? Some stuff happening in the world of national security?
1:16.5	Yeah, there's, you know, I'm almost disappointed because each episode so far has been, you know,
1:22.5	warmed up by the administration with some dramatic revelations. It's really a little bit calmer
1:26.6	this week, and frankly, it's kind of nice. We can talk about, how about for starters, what happened in the
1:31.1	Supreme Court this morning with an important case in which you have an active role, and we can
	...

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