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The National Security Court System
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Book Synopsis The National Security Court System by : Glenn Sulmasy
Download or read book The National Security Court System written by Glenn Sulmasy and published by OUP USA. This book was released on 2009-08-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Glenn Sulmasy proposes a 'third way' solution that avoids the extremes of an unaccountable military court system on the one hand and funneling war-on-terror detainees into the domestic criminal court system on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come"--Jacket.
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 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The National Security Court System by : Glenn M. Sulmasy
Download or read book The National Security Court System written by Glenn M. Sulmasy and published by . This book was released on 2023 with total page 0 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 2022-10-27 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context
Book Synopsis In the Common Defense by : James E. Baker
Download or read book In the Common Defense written by James E. Baker and published by Cambridge University Press. This book was released on 2007-05-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.
Book Synopsis Aspen Treatise for National Security Law by : Geoffrey S. Corn
Download or read book Aspen Treatise for National Security Law written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2019-05-24 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. Key Features Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics.Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law.Complements a range of the most commonly addressed national security topics.
Book Synopsis Judicial Review of National Security by : David Scharia
Download or read book Judicial Review of National Security written by David Scharia and published by Oxford University Press, USA. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
Book Synopsis Engaging Privacy and Information Technology in a Digital Age by : National Research Council
Download or read book Engaging Privacy and Information Technology in a Digital Age written by National Research Council and published by National Academies Press. This book was released on 2007-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Book Synopsis The National Security Enterprise by : Harvey Rishikof
Download or read book The National Security Enterprise written by Harvey Rishikof and published by Georgetown University Press. This book was released on 2011 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent breakdowns in American national security have exposed the weaknesses of the nation's vast overlapping security and foreign policy bureaucracy and the often dysfunctional interagency process. In the literature of national security studies, however, surprisingly little attention is given to the specific dynamics or underlying organizational cultures that often drive the bureaucratic politics of U.S. security policy. The National Security Enterprise offers a broad overview and analysis of the many government agencies involved in national security issues, the interagency process, Congressional checks and balances, and the influence of private sector organizations. The chapters cover the National Security Council, the Departments of Defense and State, the Office of the Director of National Intelligence, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and the Office of Management and Budget. The book also focuses on the roles of Congress, the Supreme Court, and outside players in the national security process like the media, think tanks, and lobbyists. Each chapter details the organizational culture and personality of these institutions so that readers can better understand the mindsets that drive these organizations and their roles in the policy process. Many of the contributors to this volume are long-time practitioners who have spent most of their careers working for these organizations. As such, they offer unique insights into how diplomats, military officers, civilian analysts, spies, and law enforcement officials are distinct breeds of policymakers and political actors. To illustrate how different agencies can behave in the face of a common challenge, contributors reflect in detail on their respective agency's behavior during the Iraq War. This impressive volume is suitable for academic studies at both the undergraduate and graduate level; ideal for U.S. government, military, and national security training programs; and useful for practitioners and specialists in national security studies.
Book Synopsis Security V. Liberty by : Daniel Farber
Download or read book Security V. Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes—all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government's response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today's dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups—including socialists, anarchists, and labor leaders—not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration's War on Terror policies—such as the detainment and trials of suspected al Qaeda members—by citing historical precedent in the Roosevelt administration's prosecution of World War II. Yoo contends that, compared to Roosevelt's sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual's civil liberties often depended on the extent to which he or she fit the definition of "American" as the country's borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history—trade-offs that we confront with renewed urgency in a post-9/11 world.
Book Synopsis U.S. National Security Law by : H. L. Pohlman
Download or read book U.S. National Security Law written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2018-07-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.
Book Synopsis Rogue Justice by : Karen J. Greenberg
Download or read book Rogue Justice written by Karen J. Greenberg and published by Crown. This book was released on 2017-05-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive account of how America’s War on Terror sparked a decade-long assault on the rule of law, weakening our courts and our Constitution in the name of national security. The day after September 11, President Bush tasked the attorney general with preventing another terrorist attack on the United States. From that day forward, the Bush administration turned to the Department of Justice to give its imprimatur to activities that had previously been unthinkable—from the NSA’s spying on US citizens to indefinite detention to torture. Many of these activities were secretly authorized, others done in the light of day. When President Obama took office, many observers expected a reversal of these encroachments upon civil liberties and justice, but the new administration found the rogue policies to be deeply entrenched and, at times, worth preserving. Obama ramped up targeted killings, held fast to aggressive surveillance policies, and fell short on bringing reform to detention and interrogation. How did America veer so far from its founding principles of justice? Rogue Justice connects the dots for the first time—from the Patriot Act to today’s military commissions, from terrorism prosecutions to intelligence priorities, from the ACLU’s activism to Edward Snowden’s revelations. And it poses a stark question: Will the American justice system ever recover from the compromises it made for the war on terror? Riveting and deeply reported, Rogue Justice could only have been written by Karen Greenberg, one of this country’s top experts on Guantánamo, torture, and terrorism, with a deep knowledge of both the Bush and Obama administrations. Now she brings to life the full story of law and policy after 9/11, introducing us to the key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim. — Kirkus, Best Books of 2016
Book Synopsis The Case Against National Security Courts by : Stephen I. Vladeck
Download or read book The Case Against National Security Courts written by Stephen I. Vladeck and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since September 11, calls for a hybrid national security court to handle special terrorism cases have taken on a new-found prominence, as courts and policymakers alike have struggled with the complex series of legal and logistical problems posed by the U.S. government's detention of enemy combatants, especially the hundreds of non-citizens so detained at Guantanamo Bay, Cuba. National security courts are, for many, an increasingly attractive compromise solution to the seemingly irreconcilable division between those who believe that terrorism suspects are not entitled to the traditional criminal process and those who believe not only that they are, but that any other system is categorically unconstitutional. And in the aftermath of the Supreme Court's landmark decision in Boumediene this June, holding that the Guantanamo detainees have a constitutional right to petition the federal courts for writs of habeas corpus, such a compromise solution has become all the more appealing, given both the judicial review that Supreme Court's decision mandates and the complexity of the issues that it nevertheless leaves unresolved. As popular as such proposals have been, though, there has been little sustained discussion of their details - which have seldom been fleshed out. Even with respect to those calls for national security courts including some discussion of the specifics, the proposals vary widely both substantively and procedurally. For example, some proponents have called for national security courts for detention decisions - i.e., to review whether a particular terrorism suspect can be held as an enemy combatant without criminal charges. Others have called for such tribunals as a forum in which to criminally prosecute suspected terrorists - i.e., as an alternative either to the traditional Article III criminal process or to trial by military commission pursuant to the controversial Military Commissions Act of 2006. Whatever the merits of each individual proposal, little has been written about the broader implications of such a third way. In the paper that follows, I attempt to provide a comprehensive introduction to the various proposals for a national security court and to both their pros and their cons. Ultimately, I argue that proposals for national security courts are dangerously myopic proxies for larger debates that must be resolved first, including, most prominently, the debate over the extent to which the government should be able to detain terrorism suspects without trial, and the equally significant definitional question of just who qualifies as such an individual. Until and unless meaningful progress is made on these issues, calls for national security courts are little more than form without substance.
Book Synopsis Intelligence Community Legal Reference Book by :
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The National Security Court System by : Glenn Sulmasy
Download or read book The National Security Court System written by Glenn Sulmasy and published by Oxford University Press. This book was released on 2009-08-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.
Book Synopsis Developments in the National Security Policy of the United States Since 9/11 by : Leonard Cutler
Download or read book Developments in the National Security Policy of the United States Since 9/11 written by Leonard Cutler and published by . This book was released on 2008 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination ofUnited States National Security Policy, since the events of September 11, 2001, from the perspective ofAmerican constitutional law.
