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Full-Text Articles in Law
The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich
The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich
Northwestern University Law Review
It is no secret that since September 11, 2001, the Executive Branch has acted at variance with laws otherwise restraining its conduct under the guise of national security. Among other doctrines that make up the new national security canon, state secrets privilege assertions have narrowed the scope of redressability for parties alleging official misconduct in national security cases. For parties such as the Muslim American community surveilled by the FBI in Orange County, California, or Abu Zubaydah, who was subjected to confirmed torture tactics by the U.S. government, success in the courts hinges on the government’s unbridled ability to assert …
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren
Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren
St. Mary's Law Journal
During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner
Georgia Journal of International & Comparative Law
No abstract provided.
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
Snyder V. Phelps: The Destruction Of The Equilibrium Between The Right To Free Speech And The Right To Protection From It, Stewart Berkeley
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
Snyder V. Phelps: Finding The Light At The End Of The Tort, Brendan Mackesey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
Snyder V. Phelps: The Demise Of Constitutional Avoidance, Emily Horowitz
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Responses To The Ten Questions, James M. Rosenbaum
Responses To The Ten Questions, James M. Rosenbaum
William Mitchell Law Review
No abstract provided.
National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney
National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney
Osgoode Hall Law Journal
The communications surveillance powers granted to Canada's national security agencies have rarely resulted in prosecution and, as a result, have been subject to very little judicial, academic, or public scrutiny. However, as the state increasingly seeks to prosecute alleged terrorists, courts will have to interpret the scope of these powers and decide whether they violate section 8 of the Canadian Charter of Rights and Freedoms (the Charter). A review of the powers granted to police, the Canadian Security Intelligence Service (CSIS), and the Communications Security Establishment Canada (CSEC) reveals two constitutional infirmities: allowing police to conduct communications surveillance in terrorism …
Responses To The Ten Questions, John Ip
Responses To The Ten Questions, John Ip
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John T. Parry
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Jeffrey Kahn
Responses To The Ten Questions, Jeffrey Kahn
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Paul R. Pillar
Responses To The Ten Questions, Paul R. Pillar
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Wayne Mccormack
Responses To The Ten Questions, Wayne Mccormack
William Mitchell Law Review
No abstract provided.
Security Vs. The Law: A False Choice, Walter F. Mondale
Security Vs. The Law: A False Choice, Walter F. Mondale
William Mitchell Law Review
No abstract provided.
"Can I See Your Papers?" Local Police Enforcement Of Federal Immigration Law Post 9/11 And Asian American Permanent Foreignness, Mohar Ray
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
West Virginia Law Review
No abstract provided.
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs
Journal of Law and Health
The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's constitutional …