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Articles 1 - 4 of 4

Full-Text Articles in Law

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies Jan 2018

Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies Aug 2016

Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The State Secrets Privilege And Separation Of Powers, Amanda Frost Jan 2007

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …


Issues In Article Iii Courts, Debra A. Livingston Jan 2006

Issues In Article Iii Courts, Debra A. Livingston

Faculty Scholarship

Cases implicating classified information can pose difficult legal issues for Article III courts, and these issues may well grow more complicated and arise more frequently as the global war on terror continues. The manner in which these issues are resolved has profound implications for the national security, for the procedural rights of litigants, and for the public's ability to scrutinize legal proceedings. Indeed, the expanded use of secret evidence in Article III courts may raise questions about the very character of the courts themselves. Is there a point at which the demands placed upon these courts, pushing them in the …