Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 15 of 15
Full-Text Articles in Law
The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich
The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich
Northwestern University Law Review
It is no secret that since September 11, 2001, the Executive Branch has acted at variance with laws otherwise restraining its conduct under the guise of national security. Among other doctrines that make up the new national security canon, state secrets privilege assertions have narrowed the scope of redressability for parties alleging official misconduct in national security cases. For parties such as the Muslim American community surveilled by the FBI in Orange County, California, or Abu Zubaydah, who was subjected to confirmed torture tactics by the U.S. government, success in the courts hinges on the government’s unbridled ability to assert …
Will Cyber Autonomy Undercut Democratic Accountability?, Ashley Deeks
Will Cyber Autonomy Undercut Democratic Accountability?, Ashley Deeks
International Law Studies
In recent years, legislative bodies such as the U.S. Congress and the U.K. Parliament have struggled to maintain a role for themselves in government decisions to conduct military operations against foreign adversaries. Some of these challenges arise from constitutional structures, but they are also due to the changing nature of conflict: a shift away from large-scale kinetic operations and toward smaller-scale operations—including cyber operations—that are less visible and that do not require robust legislative support. These modern operations leave legislatures to engage in ex post and sometimes ineffective efforts to hold their executive branches accountable for international uses of force …
The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt
The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt
Channels: Where Disciplines Meet
How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of these …
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
The Asylum Makeover: Chevron Deference, The Self-Referral And Review Authority, Jessica Senat
Touro Law Review
No abstract provided.
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Georgia Journal of International & Comparative Law
No abstract provided.
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
University of Michigan Journal of Law Reform
Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Michigan Journal of Race and Law
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
University of Michigan Journal of Law Reform
On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …
Do We Have An Imperial Congress?, John Norton Moore
Do We Have An Imperial Congress?, John Norton Moore
University of Miami Law Review
No abstract provided.
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
University of Miami Law Review
No abstract provided.
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce
Antioch Law Journal
In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …