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Full-Text Articles in Law

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 …


Heller And Insurrectionism, Carl Bogus Jan 2008

Heller And Insurrectionism, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Gun Control And America's Cities: Public Policy And Politics, Carl Bogus Jan 2008

Gun Control And America's Cities: Public Policy And Politics, Carl Bogus

Law Faculty Scholarship

No abstract provided.


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies Feb 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies Jan 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.