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Full-Text Articles in Law

Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies Oct 2014

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 Sep 2014

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 Jul 2014

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 Jul 2014

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 Jul 2014

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 May 2014

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 May 2014

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 Apr 2014

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 Mar 2014

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 Feb 2014

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 Jan 2014

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 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.


Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2011

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 Nov 2010

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 Dec 2008

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 Oct 2008

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 Jan 2008

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 Jan 2008

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 Feb 2007

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 Jan 2007

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 Apr 2006

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 Apr 2004

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 Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.