National Security Law Commons^™

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 …

The Impact Of The 9/11 Attacks On National Security Law Casebooks, Tung Yin

St. Thomas Law Review

In this book review, I use the 9/11 attacks and the subsequent American responses as a framework for reviewing four casebooks currently available for use in courses on national security or antiterrorism. It is hardly surprising that law professors might themselves respond to the 9/11 attacks by adjusting content in appropriate courses. While casebooks may have other uses, their primary purpose is undoubtedly intended to be in law school courses. In turn, law school courses have a number of goals, among them the imparting of substantive knowledge in the particular field of law, as well as the development of students' …

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.

Muslim Profiles Post-9/11: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt

Faculty Scholarship

Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents just smart law enforcement. Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and just nuts.

As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …

Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary

Federal Communications Law Journal

In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …

Congressional Oversight Of Counterterrorism And Its Reform, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Usa Patriot Act, Toni Panetta

Human Rights & Human Welfare

The events of September 11, 2001 serve as the origin of the United States’ War on Terror as popularized by the Bush administration. Previously, American strategies to combat terrorism focused on attacks against its interests abroad, and support for other governments’ efforts to curb terrorist acts within their own boundaries. However, September 11 revealed vulnerability to violence by non-state actors within U.S. borders. In response, the United States reshaped its anti-terrorist strategies to prevent future attacks by targeting terrorists, foreign and domestic, known and potential.

How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton

University of the District of Columbia Law Review

Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …

Excerpted Remarks Of Nadine Strossen, Nadine Strossen

University of the District of Columbia Law Review

No abstract provided.

Remarks Of Denyse Sabagh, Denyse Sabagh

University of the District of Columbia Law Review

No abstract provided.

Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner

University of the District of Columbia Law Review

From the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act' and other measures2 ostensibly intended to enhance …

Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh

University of the District of Columbia Law Review

No abstract provided.

The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon

University of the District of Columbia Law Review

The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …

Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer

Michigan Law Review

Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …

Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney

Michigan Law Review

Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol

UF Law Faculty Publications

This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …

God Bless America, John J. Coughlin

Journal Articles

On the morning of September 11, 2001, the friars at St. Francis of Assisi Church on West 31st Street in Manhattan had just prayed matins, the ancient morning prayer of the Catholic Church. Afterwards, Fr. Mychael Judge, O.F.M., and his brother Franciscans were enjoying the simple pleasure of their first cup of coffee of the day in the peace of Friary's Refectory. Directly across the street from the Church, an ominous all-alarm bell began to sound in the firehouse, while Fr. Mychael's fire department beeper went off. As he had done so many times previously, the Chaplain to the New …

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Articles & Chapters

No abstract provided.