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Articles 1 - 8 of 8
Full-Text Articles in Law
On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman
On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman
Law Faculty Publications
The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States …
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Law Faculty Publications
This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Law Faculty Publications
In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint was a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends …
The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist
The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Responses To The Ten Questions, Robert Knowles
Responses To The Ten Questions, Robert Knowles
Law Faculty Publications
No abstract provided.
American Hegemony And The Foreign Affairs Constitution, Robert Knowles
American Hegemony And The Foreign Affairs Constitution, Robert Knowles
Law Faculty Publications
This Article uses insights from international relations theory to challenge the received wisdom that U.S. courts are incompetent to decide .foreign affairs issues. Since September 11, 2001, in particular, proponents of broad executive power have argued that the Judiciary lacks the Executive's expertise, speed, flexibility, uniformity, and political savvy necessary in foreign affairs. For these reasons, legal doctrine has long called for especially strong foreign affairs deference to the Executive. This Article argues that special deference is grounded in an outmoded version of the popular theory of international relations known as realism. Realism views the world as anarchic, nations as …
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Law Faculty Publications
No abstract provided.
Congressional Oversight Of Counterterrorism And Its Reform, Robert F. Blomquist
Congressional Oversight Of Counterterrorism And Its Reform, Robert F. Blomquist
Law Faculty Publications
No abstract provided.