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Articles 181 - 210 of 333
Full-Text Articles in National Security Law
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen
Pepperdine Law Review
No abstract provided.
The Muted Rise Of The Silent Witness Rule In National Security Litigation: The Eastern District Of Virginia's Answer To The Fight Over Classified Information At Trial, Jonathan M. Lamb
Pepperdine Law Review
The state secrets problem is emblematic of a judicial issue which is not confined to the civil cases in which the privilege is asserted - the tension between the government's interest in protecting classified information and society's interest in justice by resolution on the merits. The United States must be allowed to prosecute terrorists, conspirators, and enemies by using classified information as evidence; but how may the government act as a civil defendant without invoking the state secrets privilege to dismiss actions before trial (or pre-discovery)? The answer might be a little known evidentiary doctrine called the silent witness rule. …
Responses To The Five Questions, Steven Metz
Responses To The Five Questions, Steven Metz
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, A. Mark Weisburd
Responses To The Five Questions, A. Mark Weisburd
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Jody M. Prescott
Responses To The Five Questions, Jody M. Prescott
William Mitchell Law Review
No abstract provided.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey
West Virginia Law Review
No abstract provided.
National Security Interest Convergence, Sudha Setty
National Security Interest Convergence, Sudha Setty
Faculty Scholarship
Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political and critical race theory to identify areas of national security interest convergence in which political will can be marshaled to limit some national security policies.
Legislators act in their political self-interest — both in terms of responding to party forces and constituents — in casting votes …
Responses To The Five Questions, John Hursh
Responses To The Five Questions, John Hursh
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Charles J. Dunlop Jr.
Responses To The Five Questions, Charles J. Dunlop Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz
Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Norman Abrams
Responses To The Five Questions, Norman Abrams
William Mitchell Law Review
No abstract provided.
Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen
Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen
William Mitchell Law Review
No abstract provided.
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
UF Law Faculty Publications
Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …
Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster
Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster
UF Law Faculty Publications
Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm and stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones—what I have described as transparency’s balance. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’ ability to receive and distribute leaked information cheaply, quickly, and …
Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck
Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck
Presentations
On September 8, 2011, the American University National Security Law Brief and the Law and Government Program at American University’s Washington College of Law hosted a candid discussion on the changes throughout the American legal system in the 10 years since the tragic September 11th attacks. The event featured a keynote address from Michael Leiter, Director of the National Counterterrorism Center from 2007-2011, followed by a panel discussion with John Carlin, Principal Deputy to the Assistant Attorney General of the Department of Justice’s National Security Division; Ivan Fong, General Counsel at the Department of Homeland Security; Stephen Vladeck, Professor of …
Post-9/11 Lawyers, Trevor C. W. Farrow
Post-9/11 Lawyers, Trevor C. W. Farrow
Articles & Book Chapters
Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.
Carlos Figueroa On State Power And Democracy: Before And During The Presidency Of George W. Bush. By Andrew Kolin. New York, Ny: Palgrave Macmillan, 2011. 251pp., Carlos Figueroa
Human Rights & Human Welfare
A review of:
State Power and Democracy: Before and During the Presidency of George W. Bush. By Andrew Kolin. New York, NY: Palgrave Macmillan, 2011. 251pp.
National Security Federalism In The Age Of Terror, Matthew C. Waxman
National Security Federalism In The Age Of Terror, Matthew C. Waxman
Faculty Scholarship
National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the …
Extraordinary Rendition And U.S. Counterterrorism Policy, Mark J. Murray
Extraordinary Rendition And U.S. Counterterrorism Policy, Mark J. Murray
Journal of Strategic Security
This article examines the United States Government policy of extraordinary rendition as a response to terrorism. The paper provides a working definition of the term, outlines why it has become controversial, and uses case studies to examine success and failures of extraordinary rendition in practice. The paper concludes with lessons learned—more specifically, policy amendments—that are necessary to keep extraordinary rendition as a viable tool for the Obama Administration and mitigate political fallout against the United States from both its allies and enemies. This paper argues that extraordinary rendition provides flexibility to policymakers to detain terrorists in cases where an attack …
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey
Government Secrets, National Security And Freedom Of The Press: The Ability Of The United States To Prosecute Julian Assange, Heather M. Lacey
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
"Obama's Wars," Bob Woodward, (New York, Ny: Simon And Schuster, 2010), Richard J. Kilroy Jr.
"Obama's Wars," Bob Woodward, (New York, Ny: Simon And Schuster, 2010), Richard J. Kilroy Jr.
Journal of Strategic Security
No abstract provided.
Responses To The Ten Questions, Aziz Rana
Responses To The Ten Questions, Aziz Rana
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Charles J. Dunlap Jr.
Responses To The Ten Questions, Charles J. Dunlap Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Shane Harris
Responses To The Ten Questions, Shane Harris
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, James M. Rosenbaum
Responses To The Ten Questions, James M. Rosenbaum
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Eric Jensen
Responses To The Ten Questions, Eric Jensen
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, Tung Yin
Responses To The Ten Questions, Tung Yin
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John Cary Sims
Responses To The Ten Questions, John Cary Sims
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, John B. Quigley
Responses To The Ten Questions, John B. Quigley
William Mitchell Law Review
No abstract provided.