Law Commons^™

Sending The Bureaucracy To War, Elena Baylis, David Zaring

Articles

Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives suffer from predictable, persistent, and probably intractable problems - problems that contemporary legal scholars tend to ignore, even though they are central to the work of the writers who created and framed the discipline of administrative law.

We analyze these problems through a survey of four administrative initiatives that exemplify the project of sending bureaucrats to …

The War On Terrorism And Civil Liberties, Jules Lobel

Articles

Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …