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Reforming The State Secrets Privilege
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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 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:
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 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 Case for Congress by : Victor M. Hansen
Download or read book The Case for Congress written by Victor M. Hansen and published by Routledge. This book was released on 2016-12-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Congress: Separation of Powers and the War on Terror examines the constitutional relationship between Congress and the President in the post-September 11 world, arguing that Congress should exercise its legitimate authority in guiding United States policy. While many commentators have focused on the extent of the President's national security and foreign affairs authority, both domestically and abroad, this title focuses on the constitutional authority of Congress to serve as a check on executive power. As a national consensus has developed around the notion that the Bush administration made grave errors in its policy decisions, a reminder of the leading role that Congress can play in those decisions is particularly appropriate. Unlike scholarly work devoted either to detailing or criticizing the Bush administration's policy decisions, this accessible and balanced book focuses on the policies themselves, and on the way in which Congress can influence those policies for the better. The authors further offer specific and useful recommendations for legislative measures that may correct existing policy deficiencies and promote sounder decision-making in the area of national security and foreign affairs.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) Publisher : ISBN 13 : Total Pages :300 pages Book Rating :4.:/5 (327 download)
Book Synopsis Restoring the Rule of Law by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Download or read book Restoring the Rule of Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium written by and published by . This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Secrecy in the Sunshine Era by : Jason Ross Arnold
Download or read book Secrecy in the Sunshine Era written by Jason Ross Arnold and published by University Press of Kansas. This book was released on 2014-08-25 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of laws passed in the 1970s promised the nation unprecedented transparency in government, a veritable “sunshine era.” Though citizens enjoyed a new arsenal of secrecy-busting tools, officials developed a handy set of workarounds, from over classification to concealment, shredding, and burning. It is this dark side of the sunshine era that Jason Ross Arnold explores in the first comprehensive, comparative history of presidential resistance to the new legal regime, from Reagan-Bush to the first term of Obama-Biden. After examining what makes a necessary and unnecessary secret, Arnold considers the causes of excessive secrecy, and why we observe variation across administrations. While some administrations deserve the scorn of critics for exceptional secrecy, the book shows excessive secrecy was a persistent problem well before 9/11, during Democratic and Republican administrations alike. Regardless of party, administrations have consistently worked to weaken the system’s legal foundations. The book reveals episode after episode of evasive maneuvers, rule bending, clever rhetorical gambits, and downright defiance; an army of secrecy workers in a dizzying array of institutions labels all manner of documents “top secret,” while other government workers and agencies manage to suppress information with a “sensitive but unclassified” designation. For example, the health effects of Agent Orange, and antibiotic-resistant bacteria leaking out of Midwestern hog farms are considered too “sensitive” for public consumption. These examples and many more document how vast the secrecy system has grown during the sunshine era. Rife with stories of vital scientific evidence withheld, justice eluded, legalities circumvented, and the public interest flouted, Secrecy in the Sunshine Era reveals how our information society has been kept in the dark in too many ways and for too long.
Book Synopsis The Oxford Handbook of the American Presidency by : George C. Edwards
Download or read book The Oxford Handbook of the American Presidency written by George C. Edwards and published by Oxford University Press. This book was released on 2011-08-04 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt: With engaging, new contributions from major figures in the field, 'The Oxford Handbook of the American Presidency' provides the key point of reference for anyone working in American politics today.
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 Cheating Justice by : Elizabeth Holtzman
Download or read book Cheating Justice written by Elizabeth Holtzman and published by Beacon Press. This book was released on 2012-02-07 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: President George W. Bush and Vice President Cheney deceived Congress and the people to drive us into a war in Iraq; they claimed the right to wiretap illegally and to eavesdrop on citizens; and they authorized torture, unilaterally upending laws and violating international treaty obligations. Yet, both Bush and Cheney are audaciously unapologetic about their crimes. In his recent memoir, President Bush makes no apologies for his decision to start a war in Iraq, though no weapons of mass destruction, the ostensible reason for the war, were found there. Regarding his approval of the waterboarding form of torture, he proudly said, "Damn right." Time and again throughout his term, President Bush proclaimed sternly "we do not torture." However, the 2009 release of secret torture documents revealed otherwise. The documents paint a bleak picture of the involvement of President Bush, Vice President Cheney, and top administration officials in unleashing, sanctioning, and conspiring in the infliction of torture. Holtzman and Cooper cite unlawful torture as only one of the many ways that the Bush-Cheney administration transgressed the law, trampled the Constitution, and harmed the image of the United States around the world. Bush and Cheney, the authors argue, authorized and condoned behavior and practices that starkly violate human-rights principles and the rights of American citizens. Congress chose not to pursue impeachment, despite multitudes of citizens advocating for it, Holtzman and Cooper among them. New revelations, however, about the extent and depth of their crimes make the need for accountability imperative. Holtzman posits that the failure to indict, prosecute, or hold accountable officials at the highest level makes a mockery of U.S. law and sets frightening precedents. With Holtzman's legal expertise and Cooper's bold journalism, Cheating Justice explains why the nation needs to address the Bush-Cheney administration's abuse of power and manipulation of the law. As a member of Congress and part of the committee that investigated and held hearings on the conduct of President Richard Nixon in the Watergate scandal, Elizabeth Holtzman balks at Bush's echo of Nixon's claim that he was acting in the interest of national security. Using Watergate-era reforms as a model, Holtzman details the steps necessary to undo the damage that the Bush-Cheney administration inflicted and explains how we can establish new protections that will block future presidents from similarly abusing the law. Cheating Justice is a call to empower the American people, and a firm insistence that the nation's leaders are not above the law.
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 Habeas Corpus After 9/11 by : Jonathan Hafetz
Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Book Synopsis Getting to the Truth Through a Nonpartisan Commission of Inquiry by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Getting to the Truth Through a Nonpartisan Commission of Inquiry written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reforming Intelligence by : Thomas C. Bruneau
Download or read book Reforming Intelligence written by Thomas C. Bruneau and published by University of Texas Press. This book was released on 2009-04-20 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: These days, it's rare to pick up a newspaper and not see a story related to intelligence. From the investigations of the 9/11 commission, to accusations of illegal wiretapping, to debates on whether it's acceptable to torture prisoners for information, intelligence—both accurate and not—is driving domestic and foreign policy. And yet, in part because of its inherently secretive nature, intelligence has received very little scholarly study. Into this void comes Reforming Intelligence, a timely collection of case studies written by intelligence experts, and sponsored by the Center for Civil-Military Relations (CCMR) at the Naval Postgraduate School, that collectively outline the best practices for intelligence services in the United States and other democratic states. Reforming Intelligence suggests that intelligence is best conceptualized as a subfield of civil-military relations, and is best compared through institutions. The authors examine intelligence practices in the United States, United Kingdom, and France, as well as such developing democracies as Brazil, Taiwan, Argentina, and Russia. While there is much more data related to established democracies, there are lessons to be learned from states that have created (or re-created) intelligence institutions in the contemporary political climate. In the end, reading about the successes of Brazil and Taiwan, the failures of Argentina and Russia, and the ongoing reforms in the United States yields a handful of hard truths. In the murky world of intelligence, that's an unqualified achievement.
Book Synopsis Congressional Record by : United States. Congress
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
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: This book considers how excessive national security secrecy undercuts democracy and the rule of law, necessitating comparative and critical analysis toward potential reforms.
