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Articles 1 - 2 of 2
Full-Text Articles in Constitutional Law
Deep Secrecy, David E. Pozen
Deep Secrecy, David E. Pozen
Faculty Scholarship
This Article offers a new way of thinking and talking about government secrecy. In the vast literature on the topic, little attention has been paid to the structure of government secrets, as distinct from their substance or function. Yet these secrets differ systematically depending on how many people know of their existence, what sorts of people know, how much they know, and how soon they know. When a small group of similarly situated officials conceals from outsiders the fact that it is concealing something, the result is a deep secret. When members of the general public understand they are being …
Administrative Detention Of Terrorists: Why Detain, And Detain Whom?, Matthew C. Waxman
Administrative Detention Of Terrorists: Why Detain, And Detain Whom?, Matthew C. Waxman
Faculty Scholarship
This article aims to reframe the administrative detention debate, not to resolve it. In doing so, however, it aspires to advance the discussion by highlighting the critical substantive choices embedded in calls for legal procedural reform and by pointing the way toward appropriately tailored legislative options. It argues that the current debate’s focus on procedural and institutional questions of how to detain suspected terrorists has been allowed to overshadow the questions of why administratively detain, and whom to detain. Not only are the answers to these questions at least as important as the procedural rules in safeguarding and balancing liberty …