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Full-Text Articles in Law

Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks Mar 2017

Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks

University of Richmond Law Review

No abstract provided.


Obama's National Security Exceptionalism, Sudha Setty Jan 2016

Obama's National Security Exceptionalism, Sudha Setty

Chicago-Kent Law Review

The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …


The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner Jan 2004

The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner

West Virginia Law Review

No abstract provided.


Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer Jan 2004

Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer

Michigan Law Review

Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …