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Articles 1 - 3 of 3
Full-Text Articles in Law
The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman
The Two Faces Of The Foreign Intelligence Surveillance Court, Emily Berman
Indiana Law Journal
When former National Security Agency contractor Edward Snowden leaked a massive trove of information about secret intelligence-collection programs implemented under the Foreign Intelligence Surveillance Act in the summer of 2013, U.S. surveillance activities were thrust to the forefront of public debate. This debate included the question of whether and how to reform the Foreign Intelligence Surveillance Court (“FISA Court”), the statutorily created secret court that reviews government applications to conduct surveillance in the United States. This discussion, however, has underemphasized a critical feature of the way the FISA Court works. As this Article will show, since the terrorist attacks of …
Cook V. Nara Versus The Public’S Right To Know, Sarah Lamdan
Cook V. Nara Versus The Public’S Right To Know, Sarah Lamdan
Indiana Law Journal
In Cook v. National Archives and Records Administration , the court misapplied the Freedom of Information Act’s (FOIA) privacy exemption to hide presidential records, favoring secrecy over the public interest. The court set up a double standard by protecting George W. Bush and Richard Cheney’s library reference requests—even though, under laws created during the Bush administration, librarians would face possible prison sentences for refusing to turn over similar requests.
In 2013, a Gawker reporter named John Cook made a FOIA request to the National Archives and Records Administration (NARA) to get more information on “who’s digging through what in former …
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
Indiana Law Journal
Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.
The custody determination process is a cornerstone in the U.S. immigration de-tention edifice …