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Full-Text Articles in Law
National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. Derosa
National Security Lawyering: The Best View Of The Law As A Regulative Ideal, Mary B. Derosa
Georgetown Law Faculty Publications and Other Works
In The National Security Lawyer in Crisis: When the “Best View” of the Law May Not Be the Best View, Robert Bauer describes the challenges for executive branch lawyers providing advice during a national security crisis. Bauer focuses on two especially perilous episodes in United States history—the Cuban Missile Crisis and the run-up to U.S. involvement in World War II—and analyzes the legal advice Presidents Kennedy and Roosevelt, respectively, received. In both cases, widely respected lawyers gave legal advice that supported the President’s preferred outcome, but almost certainly did not represent what the lawyers considered the best view of …