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Examining The State Secrets Privilege
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Book Synopsis Examining the State Secrets Privilege by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Examining the State Secrets Privilege written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Secrets Privilege and Other Limits on Litigation Involving Classified Information by : Edward C. Liu
Download or read book State Secrets Privilege and Other Limits on Litigation Involving Classified Information written by Edward C. Liu and published by DIANE Publishing. This book was released on 2010-10 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the national security of the U.S. The Classified Info. Procedures Act provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified info. before introduction of the evidence in open court. Contents of this report: (1) U.S. v. Reynolds: The Seminal Case: Asserting the Privilege; (2) Totten v. U.S.: The Special Case of Nonjusticiable Contracts for Espionage; (3) The Classified Info. Procedures Act and Secret Evidence in Criminal Litigation; and (4) Legislative Modification of the State Secrets Privilege.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Publisher : ISBN 13 : Total Pages :236 pages Book Rating :4.0/5 ( download)
Book Synopsis State Secret Protection Act of 2009 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Download or read book State Secret Protection Act of 2009 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Claim of Privilege by : Barry Siegel
Download or read book Claim of Privilege written by Barry Siegel and published by Harper Collins. This book was released on 2009-10-13 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 6, 1948, a U.S. Air Force B-29 Superfortress crashed soon after takeoff, killing three civilian engineers and six crew members. In June 1949, the engineers' widows filed suit against the government, determined to find out what exactly had happened to their husbands and why the three civilians had been on board the airplane in the first place. But it was the dawn of the Cold War and the Air Force refused to hand over any documents, claiming they contained classified information. The legal battle ultimately reached the Supreme Court, which in 1953 handed down a landmark decision that would, in later years, enable the government to conceal gross negligence and misconduct, block troublesome litigation, and detain criminal suspects without due-process protections. Claim of Privilege is a mesmerizing true account of a shameful incident and its lasting impact on our nation—the gripping story of a courageous fight to right a past wrong and a powerful indictment of governmental abuse in the name of national security.
Book Synopsis Free Course Book for Course 3: Statutory Law and Intelligence 2011 by :
Download or read book Free Course Book for Course 3: Statutory Law and Intelligence 2011 written by and published by David Alan Jordan. This book was released on with total page 2170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Piercing the Veil of Secrecy by : Janine M. Brookner
Download or read book Piercing the Veil of Secrecy written by Janine M. Brookner and published by . This book was released on 2003 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piercing the Veil of Secrecy brings together and exposes, for the first time in one publication, the magnitude of adverse actions U.S. intelligence agencies take to control and thwart the legal process and the range of concrete remedies available to confront such tactics. Brookner begins the book with a description of actual CIA employee cases, followed by a discussion of unique problems litigants and lawyers face when suing intelligence agencies, including the misuse of secrecy and national security, intimidation, and the denial of access to relevant evidence and witnesses, notwithstanding a lawyer's and plaintiff's security clearances. Recently, the CIA has invoked the seldom-used state secrets privilege to impede discovery, prevail upon the courts to dismiss cases, and, in effect, grant itself immunity from suits. These problems, as well as sovereign immunity and the various statutes from which the CIA is exempted, are carefully examined. After dealing with what cannot be done, the book devotes itself to what can be done, including legal remedies, which maximize prospects for a favorable outcome. This discussion includes employment discrimination, torts, constitutional violations, employment-related civil conspiracies, and the innovative possibility of suing the government under civil RICO. The final chapter suggests administrative and procedural solutions to the serious inequities with which a litigant is confronted when bringing an action against U.S. intelligence. The book is intended for lawyers and plaintiffs suing or contemplating suing the U.S. government, particularly those agencies that handle classified information. The target audience includes judges, senators, and members of congress who need to be aware when deciding cases or making laws of just how unlevel and unfair the playing field actually is. Government attorneys, law students and professors, and national security, civil rights, and employment rights law groups are among the potential readership as well. "[Brookner] has created a practical resource that draws on her own experiences to help others navigate their way through a system that appears stacked against them... The book contains a good table of authorities for caselaw, statutes, and regulations... Anyone considering a career in U.S. intelligence would be well-advised to read this book; it is a chilling account of the rights that such employees give up, and what they are up against if things go wrong." -- Legal Information ALERT "[B]eneath the legal prose is a passionate indictment of an agency that, Brookner contends, shields its misdeeds with the cloak of national security." -- The Washington Post, March 10, 2004
Book Synopsis Examining the State Secrets Privilege by : Blair S. Fermin
Download or read book Examining the State Secrets Privilege written by Blair S. Fermin and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy, the public should have the right to know what the government is doing. Secrecy should be the rare exception, reserved for a few cases in which the national security is truly at stake. This book is the hearing before the Committee on the Judiciary, United States Senate that took place on February 13th 2008. While considering the state secrets privileges, assertions of the privilege by the executive branch were examined as well. The state secrets privilege is a common law evidentiary privilege that shields sensitive national security information from disclosure in litigation. The government is the only party that can assert the privilege, and application of the privilege can result in dismissal of civil litigation. The United States Senate, in this book, discuss the importance that courts act as an independent check on the government when it asserts the state secret privilege. It proposes a policy designed to promote a meaningful, independent review.
Book Synopsis Reclaiming Accountability by : Heidi Kitrosser
Download or read book Reclaiming Accountability written by Heidi Kitrosser and published by University of Chicago Press. This book was released on 2015-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Book Synopsis Defending Congress and the Constitution by : Louis Fisher
Download or read book Defending Congress and the Constitution written by Louis Fisher and published by University Press of Kansas. This book was released on 2011-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.
Book Synopsis Rendition to Torture by : Alan W Clarke
Download or read book Rendition to Torture written by Alan W Clarke and published by Rutgers University Press. This book was released on 2012-04-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Universally condemned and everywhere illegal, torture goes on in democracies as well as in dictatorships. Nonetheless, many Americans were surprised following the attacks of 9/11 at how easily the United States embraced torture as well as the supposedly lesser evil of cruel, inhuman, and degrading treatment. Nothing seemed extreme when it came to questioning real and imagined terrorists. Extraordinary rendition—sending people captured in the “war on terror” to nations long counted among the world’s worst human rights violators—hid from the public eye cruel and bloody interrogations. “Torture lite” or “torture without marks” became the norm for those in American custody. In Rendition to Torture, Alan W. Clarke explains how the United States adopted torture as a matter of official policy; how and why it turned to extraordinary rendition as a way to outsource more extreme, mutilating forms of torture; and outlines the steps the United States took to hide its abuses. Many adverse consequences attended American use of torture. False information gleaned from torture was used to justify the Iraq war, adding potency to the charge that the war was illegal under international law. Moreover, European nations and Canada aided, abetted, and became thoroughly enmeshed in U.S.-led torture and renditions, thereby spreading both the problem and the blame for this practice. Clarke offers an extended critique of these activities, placing them in historical and legal context as well as in transnational and comparative perspective.
Book Synopsis Transparency and Secrecy in European Democracies by : Dorota Mokrosinska
Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Publisher : ISBN 13 : Total Pages :336 pages Book Rating :4.0/5 ( download)
Book Synopsis Sunshine in Litigation Act of 2008 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Download or read book Sunshine in Litigation Act of 2008 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigation by :
Download or read book State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigation written by and published by DIANE Publishing. This book was released on with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Publisher : ISBN 13 : Total Pages :196 pages Book Rating :4.0/5 ( download)
Book Synopsis Reform of the State Secrets Privilege by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Download or read book Reform of the State Secrets Privilege written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Presidential Secrecy and the Law by : Robert M. Pallitto
Download or read book Presidential Secrecy and the Law written by Robert M. Pallitto and published by Johns Hopkins University Press+ORM. This book was released on 2007-05-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at how U.S. presidents from Truman to George W. Bush employed secrecy and how it has affected the presidency and the American government. State secrets, warrantless investigations and wiretaps, signing statements, executive privilege?the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation’s history. Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government? With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation’s democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when “black sites,” “enemy combatants,” and “ghost detainees” were added to the vernacular following the September 11, 2001, terror strikes. Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come. “The well-organized and clearly written book illustrates the way the president’s use of document classification and state-secrets privilege to solidify presidential control are reinforced by legal decisions sympathetic to presidential power.” —Chronicle of Higher Education
