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Hofstra Law Faculty Scholarship
Etc.; Law & secrecy; Legal rights; No-fly list; Federal court decisions; Social aspects; Jurisdiction; United States - Cases; Procedural due process; Substantive due process; National security; TSA; Constitutional law; Civil rights; Civil liberties; Airline passenger; Security screening; Latif
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Secret Jurisdiction, Irina D. Manta, Cassandra Burke Robertson
Secret Jurisdiction, Irina D. Manta, Cassandra Burke Robertson
Hofstra Law Faculty Scholarship
So-called "confidentiality creep" after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The Executive Branch's procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call "secret jurisdiction," in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …