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National Security Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in National Security Law

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner Dec 2008

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies Oct 2008

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …


Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner Jan 2008

Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.