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Articles 31 - 47 of 47
Full-Text Articles in National Security Law
The Perilous Dialogue, Laura K. Donohue
The Perilous Dialogue, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in America differs from what it means in …
Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz
William Mitchell Law Review
No abstract provided.
Deep Secrecy, David E. Pozen
Deep Secrecy, David E. Pozen
Faculty Scholarship
This Article offers a new way of thinking and talking about government secrecy. In the vast literature on the topic, little attention has been paid to the structure of government secrets, as distinct from their substance or function. Yet these secrets differ systematically depending on how many people know of their existence, what sorts of people know, how much they know, and how soon they know. When a small group of similarly situated officials conceals from outsiders the fact that it is concealing something, the result is a deep secret. When members of the general public understand they are being …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …
The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton
The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of John Cary Sims, John Cary Sims
Ten Questions: Responses Of John Cary Sims, John Cary Sims
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of Lisa Graves, Lisa Graves
Ten Questions: Responses Of Lisa Graves, Lisa Graves
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.
Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.
William Mitchell Law Review
No abstract provided.
Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty
Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty
William Mitchell Law Review
No abstract provided.
This Call May Be Monitored: Is Nsa Wiretapping Legal?
This Call May Be Monitored: Is Nsa Wiretapping Legal?
William Mitchell Law Review
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Raising The Red Flag: The Continued Relevance Of The Japanese Internment In The Post-Hamdi World, Aya Gruber
Raising The Red Flag: The Continued Relevance Of The Japanese Internment In The Post-Hamdi World, Aya Gruber
Publications
In the years since the terrorist attacks of September 11th, the Japanese interment has re-emerged as a topic of serious discourse among legal scholars, politicians, civil libertarians, and society in general. Current national security policies have created concerns that the government has stepped dangerously close to the line crossed by the Roosevelt administration during World War II. Civil libertarians invoke the internment to caution policy-makers against two of the most serious dangers of repressive national security policies: racial decision-making and incarceration without process. Bush defenders advance several arguments in response to internment comparisons. The most conservative is an ardent defense …
The Other Students: Teaching The "War On Terror" To Nonlawyers, Juliette N. Kayyem
The Other Students: Teaching The "War On Terror" To Nonlawyers, Juliette N. Kayyem
Journal of Legal Education
No abstract provided.
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner
West Virginia Law Review
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
University of Miami Law Review
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
University of Miami Law Review
No abstract provided.