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Policies And Procedures Governing Invocation Of The State Secrets Privilege
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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:
Book Synopsis National Security Law by : Stephen Dycus
Download or read book National Security Law written by Stephen Dycus and published by Aspen Publishing. This book was released on 2024 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook for courses on National Security Law"--
Book Synopsis Secrecy, National Security and the Vindication of Constitutional Law by : D. Cole
Download or read book Secrecy, National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2024-02-01 with total page 1219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Eighth Edition examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background and scholarship. These materials guide students through both longstanding as well as cutting-edge issues of constitutional law, statutory interpretation, administrative law, and federal jurisdiction as they relate to the conduct of U.S. foreign relations. New to the Eighth Edition: A new section on economic sanctions, reflecting the growing significance of this aspect of U.S. foreign policy Expanded discussion of executive authority relating to diplomacy A new section on state international agreements More streamlined coverage of both the Alien Tort Statute and the War on Terror as a result of developments since the last edition Updated notes and questions throughout the book to take account of recent cases, statutes, Executive Branch actions, and scholarship Benefits for instructors and students: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples
Book Synopsis Oversight of the U.S. Department of Justice by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Oversight of the U.S. Department of Justice written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2012 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016-07-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Book Synopsis Harvard Law Review: Volume 128, Number 7 - May 2015 by : Harvard Law Review
Download or read book Harvard Law Review: Volume 128, Number 7 - May 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-05-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, May 2015, is offered in a digital edition. Contents include: • Article, “The Normalization of Foreign Relations Law,” by Ganesh Sitaraman and Ingrid Wuerth • Book Review, “The Family, in Context,” by Maxine Eichner • Note, “Forgive and Forget: Bankruptcy Reform in the Context of For-Profit Colleges” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: retroactive prosecution of conspiracy to commit war crimes at Guantanamo; holding a legislature in contempt for unconstitutional funding of education; bullying and criminal harassment law; first amendment implications of high school suppression of violent speech; using statistics to prove False Claims Act liability; first amendment problems of a requirement that sex offenders provide internet identifiers to police; BIA ruling that Guatemalan woman fleeing domestic violence meets asylum threshold; and FDA regulation on nutritional information under the Affordable Care Act. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2400 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2015, the seventh issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.
Book Synopsis United States Department of Justice by : United States. Congress. House. Committee on the Judiciary
Download or read book United States Department of Justice written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2013 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis National Security Secrecy by : Sudha Setty
Download or read book National Security Secrecy written by Sudha Setty and published by Cambridge University Press. This book was released on 2017-07-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
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 International Human Rights Litigation: A Guide for Judges by : Federal Judicial Center
Download or read book International Human Rights Litigation: A Guide for Judges written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights
Book Synopsis Comparative Counter-Terrorism Law by : Kent Roach
Download or read book Comparative Counter-Terrorism Law written by Kent Roach and published by Cambridge University Press. This book was released on 2015-07-23 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Book Synopsis Understanding Homeland Security by : Ehsan Zaffar
Download or read book Understanding Homeland Security written by Ehsan Zaffar and published by Routledge. This book was released on 2019-10-31 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Homeland Security is a unique textbook on homeland security that blends the latest research from the areas of immigration policy, counterterrorism research, and border security with practical insight from homeland security experts and leaders such as former Secretaries of the Department of Homeland Security Tom Ridge and Janet Napolitano. The textbook also includes: A historical overview of the origins of the homeland security enterprise as well as its post-9/11 transformation and burgeoning maturity as a profession In-depth descriptions of the state, local, and federal government entities, such as the U.S. Department of Homeland Security, that enforce and carry out the nation’s homeland security laws and policies Detailed discussion of relevant, contemporary topics such as asylum and refugee affairs, cybersecurity and hacking, border security, transportation and aviation security, and emergency management policy A chapter on homeland security privacy and civil liberties issues Unique current affairs analysis of controversial topics such as the National Security Agency’s warrantless wiretapping program, Edward Snowden, the 2016 U.S. presidential election, Russian cyberhacking efforts, and Black Lives Matter Advice, guidance, and insight for students through interviews with homeland security leaders as well as terrorism experts such as Bruce Hoffmann and biowarfare specialists such as Dr. Rebecca Katz The target audience for this text is advanced undergraduate or entry-level graduate students in criminology, intelligence analysis, public policy, public affairs, international affairs, or law programs. This textbook meets requirements for entry-level introductory courses in homeland security.
Download or read book Government Secrecy written by Susan Maret and published by Emerald Group Publishing. This book was released on 2011-01-26 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divided into six sections, this title examines Government secrecy (GS) in a variety of contexts, including comparative examination of government control of information, new definitions, categories, censorship, ethics, and secrecy's relationship with freedom of information and transparency.
Book Synopsis International Intelligence Cooperation and Accountability by : Hans Born
Download or read book International Intelligence Cooperation and Accountability written by Hans Born and published by Routledge. This book was released on 2011-01-17 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how international intelligence cooperation has come to prominence post-9/11 and introduces the main accountability, legal and human rights challenges that it poses. Since the end of the Cold War, the threats that intelligence services are tasked with confronting have become increasingly transnational in nature – organised crime, the proliferation of weapons of mass destruction and terrorism. The growth of these threats has impelled intelligence services to cooperate with contemporaries in other states to meet these challenges. While cooperation between certain Western states in some areas of intelligence operations (such as signals intelligence) is longstanding, since 9/11 there has been an exponential increase in both their scope and scale. This edited volume explores not only the challenges to accountability presented by international intelligence cooperation but also possible solutions for strengthening accountability for activities that are likely to remain fundamental to the work of intelligence services. The book will be of much interest to students of intelligence studies, security studies, international law, global governance and IR in general.
Book Synopsis Transparency and American Primacy in World Politics by : James J. Marquardt
Download or read book Transparency and American Primacy in World Politics written by James J. Marquardt and published by Routledge. This book was released on 2016-02-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when greater transparency is needed, this book advances a novel explanation of America's efforts to advance greater transparency in international relations. Marquardt argues that American statesmen have long sought to secure an American-dominated international system to encourage states to be more open and forthcoming about their internal affairs. Yet the United States routinely uses its calls for military transparency in particular as a policy instrument to discipline its rivals and therefore paradoxically contributes to greater tension in international relations. In contrast to conventional thinking about transparency in relation to overcoming power politics and promoting international cooperation, this book explores the relationship between America's power and international security competition. Though analytically distinct, openness and transparency have served the same strategic goal; ensuring America's position of preponderance in the international system.
Download or read book Terrorism written by Michael A. Newton and published by . This book was released on 2011-03-08 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: International Case Law Reporter is the only print reporter of terrorism-related cases from jurisdictions worldwide. Volume Two of this year's edition covers constitutional challenges, human rights, and civil liberties.
