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Full-Text Articles in Law
The Climate Crisis Is A Human Security, Not A National Security, Issue, Maryam Jamshidi
The Climate Crisis Is A Human Security, Not A National Security, Issue, Maryam Jamshidi
UF Law Faculty Publications
Climate change is one of the first times, in recent memory, where public debate about treating an issue as a matter of “national security” has occurred. Many, including members of the grassroots climate change movement, have called for climate change to be treated as a national security issue. While there are a host of good reasons for treating the climate crisis as a security concern, there are equally good reasons to worry about applying the national security label to climate change, which have largely been absent from public debate. For the first time in the legal literature, this Article articulates …
A Statutory National Security President, Amy L. Stein
A Statutory National Security President, Amy L. Stein
UF Law Faculty Publications
Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on the proper degree of deference that courts should provide to the President interpreting statutory provisions, with little confidence in the utility and efficacy of statutory constraints.
This Article counters this narrative by arguing that a key to achieving this balance may lie in such constraints. Instead …