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Full-Text Articles in Law

Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies Dec 2013

Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies

Law Faculty Scholarship

This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate


Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies Dec 2013

Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark Dec 2013

Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark

The US Army War College Quarterly: Parameters

No abstract provided.


The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D. Jun 2013

The Not-So-Simple Saga Of Edward And Barack..., Michael I. Niman Ph.D.

Michael I Niman Ph.D.

It reads like a political thriller. An NSA spook, Edward Snowden, meets his conscience, blows the whistle on a massive secret attack on the Fourth Amendment, and is pursued globally by an obsessed president. Spice things up with a bit of character development cross-pollinated with a history lesson. First there’s Darth President. His administration has earned the distinction of invoking the Espionage Act of 1917 (a constitutionally questionable World War One relic) more than all other presidents in the previous 96 years combined—by a factor of two. The Obama administration has charged eight people under the act. All previous administrations …


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer Jan 2013

Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer

David Barnhizer

Through a PRISM Darkly: Surveillance and Speech Suppression in the “Post-Democracy Electronic State” David Barnhizer There is no longer an American democracy. America is changing by the moment into a new political form, the “Post-Democracy Electronic State”. It has “morphed” into competing fragments operating within the physical territory defined as the United States while tenuously holding on to a few of the basic creeds that represent what we long considered an exceptional political experiment. That post-Democracy political order paradoxically consists of a combination of fragmented special interests eager to punish anyone that challenges their desires and a central government that …


Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr. Jan 2013

Access To Government Information Is A Foundation Of American Democracy—But The Courts Don't Get It, Frederick A. O. Schwarz Jr.

Oklahoma Law Review

No abstract provided.