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The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
Georgetown Law Faculty Publications and Other Works
National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.
The National Security Process And A Lawyer’S Duty: Remarks To The Senior Judge Advocate Symposium, James E. Baker
The National Security Process And A Lawyer’S Duty: Remarks To The Senior Judge Advocate Symposium, James E. Baker
Georgetown Law Faculty Publications and Other Works
September 11 changed so much about our lives and how we perceive national security. Harold Lasswell, in an earlier context, described the sharing of danger throughout society as the “socialization of danger,” which he wrote was a permanent characteristic of modern violence; but not for America until September 11. The socialization of danger has made ordinary citizens participants in the national security process in a way not previously experienced. In addition, it has brought relatively unknown federal agencies, like the Federal Emergency Management Agency and the Centers for Disease Control, to the forefront of national security planning and response. And …
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
Georgetown Law Faculty Publications and Other Works
The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.
Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …
Ordered Liberty And The Homeland Security Mission, James E. Baker
Ordered Liberty And The Homeland Security Mission, James E. Baker
Georgetown Law Faculty Publications and Other Works
This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …