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Executive power

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Articles 31 - 47 of 47

Full-Text Articles in National Security Law

The Perilous Dialogue, Laura K. Donohue Apr 2009

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 Jan 2009

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 Jan 2009

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 Jan 2008

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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. Jan 2007

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 Jan 2007

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? Jan 2007

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 Jan 2007

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 Jan 2006

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 Mar 2005

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 Jan 2004

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 Sep 1988

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 Sep 1988

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.