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Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Sudha Setty
The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Sudha Setty
The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India—an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative …