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Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer Jul 2015

Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer

Indiana Law Journal

“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further from the truth. Never before …


Dollar Unilateralism: The New Frontline Of National Security, Suzanne Katzenstein Jan 2015

Dollar Unilateralism: The New Frontline Of National Security, Suzanne Katzenstein

Indiana Law Journal

This Article makes three points. First, it draws attention to a profound shift toward “dollar unilateralism” by the U.S. government as it advances core national security goals. Relying on the special status of the U.S. dollar, the government has enlisted foreign banks to isolate targeted entities and track illicit financial flows. Second, drawing on examples such as Iran’s nuclear program, the Article identifies three formal and informal legal tactics the government has used to implement dollar unilateralism: financial sticks, high-profile blacklists, and direct diplomacy. Finally, the Article discusses the efficacy of dollar unilateralism and its implications for U.S. accountability. Dollar …


Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick Jan 2015

Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick

Indiana Law Journal

No abstract provided.