Remodeling The Classified Information Procedures Act (Cipa),
2010
Mitchell Hamline School of Law
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Faculty Scholarship
The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.
First, a prosecutor’s discovery obligations should apply to the intelligence community only …
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History,
2010
Fordham University School of Law
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
Faculty Scholarship
References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.
But what does it really …
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration,
2010
University of Florida Levin College of law
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens
UF Law Faculty Publications
Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering office, President Obama …
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations,
2010
Sha'arei Mishpat College of Law
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky
Pace Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, Joshua L. Dratel
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, John Ip
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, Edward B. Macmahon Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning,
2010
Mitchell Hamline School of Law
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
William Mitchell Law Review
No abstract provided.
Foreign Public Opinion And National Security,
2010
Mitchell Hamline School of Law
Foreign Public Opinion And National Security, Dakota S. Rudesill
William Mitchell Law Review
No abstract provided.
National Security And The Shadows Of Judicial "Common Sense",
2010
Benjamin N. Cardozo School of Law
National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert
Articles
No abstract provided.
Ten Questions On National Security,
2010
Southern Methodist University, Dedman School of Law
Ten Questions On National Security, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This essay was written in response to an invitation by the editors of the William Mitchell Journal of the National Security Forum to answer one or more of ten questions concerning national security law and policy. This essay provides the author's answer to the question: "Would President Obama have the authority to hold a United States citizen without charge in a military brig for six months if that citizen - who lives in Minnesota - is suspected of links to al Qaeda following a one-month trip to Somalia?"
Placing Your Faith In The Constitution,
2010
University of Colorado Law School
Placing Your Faith In The Constitution, Harold H. Bruff
Publications
No abstract provided.
Foreword,
2010
District Judge, S.D.N.Y.
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year,
2010
St. Mary's University School of Law
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott
Pace Law Review
No abstract provided.
Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations,
2010
U.S. Army Judge Advocate General Corps
Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford
Pace Law Review
No abstract provided.
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power,
2010
Texas Tech University
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto
Pace Law Review
No abstract provided.
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy,
2010
South Texas College of Law
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre
Pace Law Review
No abstract provided.
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents,
2010
University of Cambridge
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Pace Law Review
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era,
2010
John Marshall Law School
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
Pace Law Review
No abstract provided.
