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Full-Text Articles in Law
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
"Plausible Cause": Explanatory Standards In The Age Of Powerful Machines, Kiel Brennan-Marquez
Vanderbilt Law Review
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the "apex" court in the federal judicial system, and so to relate hierarchically to "lower" federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the "percolation" of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …
The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion
The Revamped Fisa: Striking A Better Balance Between The Government's Need To Protect Itself And The 4th Amendment, J. Christopher Champion
Vanderbilt Law Review
The investigations of the 9/11 terrorist attacks highlighted a series of lapses in intelligence-sharing within the federal government regarding terrorist operations. One area closely examined by Congress,' the judiciary, and many legal and political commentators is the appropriate scope of intelligence collection within the United States "concerning foreign threats to the nation's security" ("foreign intelligence"). Domestic intelligence collection is a particularly complex sphere of national security as gathering intelligence on American soil requires balancing the privacy rights of individuals guaranteed by the Fourth Amendment against the nation's need to protect itself.
The Foreign Intelligence Surveillance Act of 1978 ("FISA") governs …
Special Project+ National Security, Elizabeth A. Cheney
Special Project+ National Security, Elizabeth A. Cheney
Vanderbilt Law Review
National security has become a hotly debated issue since September 11, 2001. National security has always been of great concern to the government; however former Defense Secretary McNamara's thoughts indicate that national security has now also become an important topic for all individuals to consider.2 The "policy and process" of U.S. national security has evolved significantly throughout this country's history, particularly in the years since September 11.