National Security Law Commons^™

Book Review, Erin Murphy

Journal of Legal Education

No abstract provided.

Down To The Wire: Assessing The Constitutionality Of The National Security Agency's Warrantless Wiretapping Program: Exit The Rule Of Law, Fletcher N. Baldwin Jr., Robert B. Shaw

UF Law Faculty Publications

The article discusses the constitutionality of warrantless wiretapping surveillance by the National Security Agency (NSA) on U.S. citizens. The wiretapping program existed weeks after the September 11, 2001 attacks, on the justification that Congress authorized the president to wiretap U.S. citizens without a warrant, and that the president had inherent authority as commander-in-chief. But it is argued that Congress did not expressly authorize the president to conduct warrantless wiretapping and that he does not have such inherent authority.

We intend this Article to be a commentary on the constitutionality of the NSA wiretapping program solely as it relates to the …

Burkean Minimalism, Cass R. Sunstein

Michigan Law Review

Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …

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 …

Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler

North Carolina Central Law Review

No abstract provided.

The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry

University of Michigan Journal of Law Reform

On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …

Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security and the First Amendment, arguing that while the First Amendment remains a robust protection against government censorship, recent trends threaten press freedom, particularly in protecting confidential sources and accessing information. The author, drawing on personal experience as a media lawyer and reporter, emphasizes the importance of procedural safeguards and judicial oversight to prevent government overreach and ensure transparency.

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.

The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the increasing reliance on secret evidence in U.S. legal proceedings, particularly in post-9/11 national security and terrorism cases, facilitated by the Classified Information Procedures Act (CIPA) and the Foreign Intelligence Surveillance Act (FISA). This trend undermines the adversarial system by denying defendants access to relevant information, raising ethical concerns for defense attorneys, and potentially eroding constitutional rights. The author advocates for reforms to balance national security with civil liberties, emphasizing the need for judicial vigilance and legislative changes to address these issues.

Panel Report: Investigative Journalism And National Security, Zachary D. Streit

Cardozo Public Law, Policy & Ethics Journal

The panel discussion explores the tension between government secrecy and media transparency, focusing on the challenges investigative journalists face in reporting on national security issues. The participants argue that while some secrecy is necessary for national security, excessive classification hampers transparency and accountability. They discuss legal battles, over-classification, and the need for a balance between protecting sensitive information and the public's right to know.

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Egypt: A State Of Emergency, A State Of Mind, Diana Elassy

Archived Theses and Dissertations

This work attempts to explore the normalized state of emergency in Egypt. For more than two decades, Egypt has existed under the control of emergency legislation designed to curb civil and political rights. This work examines the current state of emergency within the framework of socio-economic, philosophy, and Egyptian history in order to assess the rationale of its raison d'etre.

The work commences with a brief history of Egypt under the rule of the Mamluk dynasty prior to European incursion and the development of the nation-state. It then discusses the European occupation, the rise of the nation-state, and the current …

Beware Of Boldness, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.

Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel

William & Mary Environmental Law and Policy Review

No abstract provided.

The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin Jon Heller

Scholarly Works

It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarves. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation--a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another." Professor Levinson wants to find a workable balance between constitutional restraints and …

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

State-Sponsored Crime: The Futility Of The Economic Espionage Act, Susan W. Brenner, Anthony C. Crescenzi

School of Law Faculty Publications

The United States is facing an international challenge: economic espionage, the theft of our intellectual assets and proprietary information. The events of September 11, 2001, pushed the seriousness of this activity to the far recesses of the public’s consciousness. While this threat to our national security lacks the visceral impact of September 11, the long-term national security implications (a decline in economic competitiveness) stemming from the systemic theft of intellectual property has consequences no less serious than a real-world terrorist attack. Espionage targeting intellectual assets and proprietary information is driven by the international competition characterizing a global economy. Americans have …

Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong

Brigham Young University Education and Law Journal

No abstract provided.

The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger

Faculty Scholarship

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu

William & Mary Environmental Law and Policy Review

No abstract provided.

The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Faculty Scholarship

The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …

Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

No abstract provided.

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers

UIC John Marshall Journal of Information Technology & Privacy Law

This article argues that President Bush’s domestic electronic surveillance program is unconstitutional. The program allows the President to order the NSA to conduct surveillance of electronic communications, including communications involving United States citizens, without court order. The authors conclude that the President lacked the statutory or constitutional power to authorize such a program and that the program runs afoul to the letter and the spirit of the constitutional protection against unreasonable searches and seizures embraced by the Fourth Amendment of the United States Constitution. Congress and the President share overlapping constitutional authority in matters of foreign affairs and national security. …

Untangling The Legal Paradigm Of Indefinite Detention: Security, Liberty And False Dichotomy In The Aftermath Of 9/11, Saby Ghoshray

St. Thomas Law Review

While exploring the full scope of the governmental abuse of power since 9/11 in the first thread, I restrict my examination to a narrow scope of indefinite detention and explore whether the heightened need for security necessarily gives rise to abuses of power. This is especially important, as the fundamental rights to liberty of some individuals could be subject to a much stricter interpretation of the governing legal principles. This inquiry runs parallel to my analysis as to whether the heightened security need post-9/11 created new constitutional grounds to mask the fundamental right to liberty. The second thread of this …

What Is Johnny Doing In The Library - Libraries, The U.S.A. Patriot Act, And Its Amendments, Karl T. Gruben

St. Thomas Law Review

A cornerstone of democracy in the United States is the freedom to think whatever we wish to think. Actions, of course, are a different matter, but any thought that can be thought is just fine: under the First Amendment we may not be prosecuted for what we are thinking. The First Amendment guarantees several other freedoms, among them the freedoms of speech and association. To enjoy the freedom of thought to which we are constitutionally entitled we must be able freely to explore the world of ideas to cultivate thoughts and other, possibly new, ideas. Reading and communicating with others …

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

The Modern American

No abstract provided.