Law Commons^™

Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions With First Amendment Rights, Brian D. Eyink

Duke Law Journal

First created in the 1980s, national security letters and their nondisclosure provisions evaded judicial review until 2004. These secretive investigative tools allow federal agencies such as the FBI to compel disclosure of information about hundreds of thousands of people while also allowing the same agencies to unilaterally issue gag orders that can silence the people who receive these letters. This Note examines the nondisclosure provisions in the national security letter statutes. It argues that the nondisclosure provisions are unconstitutional prior restraints on speech and content-based speech restrictions. This Note then proposes a three-part solution that constitutionally balances the government's need …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

• The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
• The institutions of the UN are corrupt and do nothing but restrict American power;
• Al Qaeda and international terrorism more generally are extremely significant threats to American national security

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …

Strategic Security As A New Academic Discipline, Sheldon Greaves, Ph.D

Journal of Strategic Security

The creation of Henley-Putnam University was an effort to create an academic institution for the purpose of offering degree programs in intelligence management, counterterrorism, and personal protection; subjects that arguably did not exist as academic disciplines when the school was conceived. The experience of two of the co-founders of the school, Nirmalya Bhowmick and Dr. Michael Corcoran, indicated that the training of officers tasked with vital security and intelligence work was carried out by partnering young officers with a training officer to help the new officer learn on the job. The effectiveness of this training depended to a great extent …

Dividing Up Intelligence Education, Robert Clark, Ph.D

Journal of Strategic Security

At this year's annual conference of the International Association for Intelligence Education (IAFIE) in Monterey, CA, the keynote speaker posed the question, "How much do you need intelligence education outside the beltway?" Which led to a second question discussed during the conference: "What should such education look like?" In short, what should we be teaching in universities? What should we leave to the intelligence community as training? And what could be done in either or both settings? The first question of any educational effort is:What are we preparing students for?

Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel

Dalhousie Law Journal

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.

Compromising Liberty For National Security: The Need To Rein In The Executive's Use Of The State-Secrets Privilege In Post-September 11 Litigation, Stephanie A. Fichera

University of Miami Law Review

No abstract provided.

Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark

William Mitchell Law Review

No abstract provided.

The Constitutionality Of Warrantless Electronic Surveillance Of Suspected Foreign Threats To The National Security Of The United States, Michael Avery

University of Miami Law Review

No abstract provided.

Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon

William Mitchell Law Review

No abstract provided.

Trying Terrorists, Brian S. Carter-Stiglitz

William Mitchell Law Review

No abstract provided.

Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin

Fordham Law Review

No abstract provided.

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma

William Mitchell Law Review

No abstract provided.

Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy

William Mitchell Law Review

No abstract provided.

A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson

William Mitchell Law Review

No abstract provided.

Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss

William Mitchell Law Review

No abstract provided.

Targeting Terrorists: The Counterrevolution, Paul Rosenzweig

William Mitchell Law Review

No abstract provided.

Section 7209 Of The Intelligence Reform And Terrorism Prevention Act Of 2004: Balancing The Western Hemisphere Travel Initiative With International Tourism And Homeland Security, Marc Philip Hedrich

Northwestern Journal of International Law & Business

A disproportionately large percentage of worldwide international tourism revenue comes from the spending of U.S. citizens abroad or by foreigners visiting the United States. The Western Hemisphere Travel Initiative ("WHTI"), as mandated by Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, puts intra-North American international tourism at risk. This Comment is an analysis of the WHTI and its effects on international tourism and homeland security in the United States.