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Articles 61 - 84 of 84
Full-Text Articles in Law
Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies
Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies
Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Bahlul And The Power Of Congress To Define International Law, Peter Margulies
Bahlul And The Power Of Congress To Define International Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies
The Pclob On Human Rights & 702: Punt Or Long Game?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Extraterritoriality And Human Rights: Time For A Change In The U.S. View?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Of Relevance And Reform Under Section 215, Peter Margulies
Of Relevance And Reform Under Section 215, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies
Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies
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
Desperately Seeking Substance (Not Slogans) In Review Group Report On Nsa Surveillance, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner
National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner
Sea Grant Law Fellow Publications
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The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner
Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner
Sea Grant Law Fellow Publications
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.