National Security Law Commons^™

9/11 And The Transformation Of U.S. Immigration Law And Policy, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Preempting Justice: Precrime In Fiction And In Fact, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

United Nations Collective Security And The United States Security Guarantee In An Age Of Rising Multipolarity: The Security Council As The Talking Shop Of The Nations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay considers the respective roles of the United Nations and the United States in a world of rising multipolarity and rising new (or old) Great Powers. It asks why UN collective security as a concept persists, despite the well-known failures, both practical and theoretical, and why it remains anchored to the UN Security Council. The persistence is owed, according to the essay, to the fact of a parallel US security guarantee that offers much of the world (in descending degrees starting with NATO and close US allies such as Japan, but even extending to non-allies and even enemies who …

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Research Reports & White Papers

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …

After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn

Scholarly Articles in Law Reviews & Journals

In 2005, I was the first member of the U.S. Army Judge Advocate General's Corps (JAG Corps) to attend a foreign command and general staff college (CGSC). This article provides a summary of my attendance at the Brazilian Army's Command and General Staff College-Escola de Comando e Estado Maior do Extrcito (ECEME). Through a unique series of events, I was selected and attended the Brazilian Army's ECEME, a ten-month CGSC equivalent, where I studied brigade and division-level operations through the lens of a foreign military. This rare opportunity not only afforded me a unique and valuable professional development experience, it …

The Suffocation Of Free Speech Due To The "Gravity Of Danger" Of Terrorism, Tim Davis

The Modern American

No abstract provided.

An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson

Popular Media

This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.