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Full-Text Articles in Law
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato
Journal of Legislation
No abstract provided.
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé
Journal of Legislation
No abstract provided.
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar
Journal of Legislation
No abstract provided.
Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller
Fisa Section 702: Does Querying Incidentally Collected Information Constitute A Search Under The Fourth Amendment?, Rachel G. Miller
Notre Dame Law Review Reflection
An inherent source of conflict in the United States exists between protecting national security and safeguarding individual civil liberties. Throughout history, Americans have consistently been skeptical and fearful of the government abusing its power by spying on Americans. In an effort to curtail government abuses through surveillance, President Carter and Congress enacted the Foreign Intelligence Surveillance Act of 1978 (FISA). The purpose of FISA was to establish a “statutory procedure authorizing the use of electronic surveillance in the United States for foreign intelligence purposes.” FISA provides the government with the authority to engage in electronic surveillance, targeted at foreign powers …
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
Disciplining Deference: Strengthening The Role Of The Federal Courts In The National Security Realm, Dominic X. Barceleau
Disciplining Deference: Strengthening The Role Of The Federal Courts In The National Security Realm, Dominic X. Barceleau
Notre Dame Law Review
This Note will argue that federal courts need to be more “disciplined” in their deference determinations in order to effectively check the Executive’s power. Part I will look at the Constitution and its allocation of foreign relations powers for evidence of the appropriate amount of deference that ought to be shown by the judiciary. While the text of the Constitution is largely silent on this question, Part I will show that this silence does not exclude a role for the judiciary in foreign affairs. Part II will proceed to discuss several important Supreme Court decisions that have helped to flesh …
Investigative Journalism And Counter Terrorism Laws, Clive Walker
Investigative Journalism And Counter Terrorism Laws, Clive Walker
Notre Dame Journal of Law, Ethics & Public Policy
Since terrorism is now perceived as a primary and pervasive threat to state security, many states have adopted broad legal definitions of “terrorism” and, upon that basis, have enacted correspondingly expansive policing powers and criminal offences. As a dramatic instance of how these approaches, which affect major Western jurisdictions such as the U.S. and U.K., this paper will focus on the paradigm case of David Miranda. In August 2013, Miranda was transporting computer materials (including files from security agencies) supplied by Edward Snowden, a former contractor with the U.S. National Security Agency, to journalist Glenn Greenwald to assist ongoing disclosures …
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
Journal of Legislation
Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.
Swatting Political Discourse: A Domestic Terrorism Threat, Matthew James Enzweiler
Swatting Political Discourse: A Domestic Terrorism Threat, Matthew James Enzweiler
Notre Dame Law Review
This Note will attempt to address the question of whether or not incidents of swatting aimed at contrary political ideals meet the characterization of domestic terrorism in the post–9/11 era. In particular, there will be consideration of the extent to which treatment of political swatting as domestic terrorism is consistent with the maintenance of the delicate balance between public safety concerns and protection of the constitutional values of free speech and free expression. This Note will proceed in four parts. Part I will examine the growth of telecommunication manipulation practices from products of curiosity to an alarming means of intimidation …
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach
Notre Dame Law Review
This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment, development, and operations …