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Full-Text Articles in Law
Is Immigration Law National Security Law?, Shoba S. Wadhia
Is Immigration Law National Security Law?, Shoba S. Wadhia
Journal Articles
The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War.
This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and …
The Rise Of Speed Deportation And The Role Of Discretion, Shoba S. Wadhia
The Rise Of Speed Deportation And The Role Of Discretion, Shoba S. Wadhia
Journal Articles
In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals of speed deportation are economic; these processes save government resources from being spent on procedural safeguards such as a trial attorney, immigration judge, and a fundamentally fair hearing. Higher deportation numbers may also benefit the image the government seeks to portray to policymakers who support amplified immigration enforcement. However, the human consequences of speed deportation are significant and can result in …
Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia
Wikileaks And The Institutional Framework For National Security Disclosures, Patricia L. Bellia
Journal Articles
WikiLeaks’ successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers’ decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks’ defenders. The Supreme Court’s decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm.
The lessons of the Pentagon Papers case for WikiLeaks, however, are …
Private Force/Public Goods, Scott M. Sullivan
Private Force/Public Goods, Scott M. Sullivan
Journal Articles
This Article rethinks the benefits and dangers of private force in war. It shows that privatization must be viewed within the special requirements and confines of national security policy making and weighed against available alternatives. Contrary to academic and mainstream conventional wisdom, this Article concludes that national security privatization comports well with core constitutional and democratic principles and offers greater transparency and democratic control than commonly understood. Moreover, this Article argues that the American use of privatized force reflects and accomplishes normative and democratic commitments of international and domestic law that would be impossible to replicate through other policy avenues.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Journal Articles
The Journal of the National Security Forum (JNSF) Board of Editors posed ten questions on national security to a group of national-security law experts. Professor Mary Ellen O’Connell’s answers to the ten questions are presented.
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Journal Articles
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.