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The Cambridge Handbook of Surveillance Law by
Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.
Counterterrorism Law by
The Third Edition of Counterterrorism Law not only updates the leading casebook in this field with recent developments, but also adds new chapters on bulk collection, the structure of habeas, and the procedural path to terrorism trials. This edition also includes new features that make these challenging materials easier to read and teach: introductory questions for principal cases, and a summary of basic principles at the end of each chapter. A comprehensive Teacherand’s Manual gives adopters helpful additional backup. New to the Third Edition: Important recent cases, including: and and and•and and and American Civil Liberties Union v. Clapper (2015) and and and•and and and In re Application of the Federal Bureau of Investigation (2015) and and and•and and and Ibrahim v. Dept. of Homeland Security (2014) and and and•and and and Turkmen v. Hasty (2015) and and and•and and and Hedges v. Obama (2013) and and and•and and and Aamer v. Obama (2014) and and and•and and and Al Bahlul v. United States (2015) Other significant new materials: and and and•and and and materials on the U.S. intervention in Syria and operations against ISIL and and and•and and and materials on standards for targeted killing and and and•and and and a new chapter on bulk collection and data-mining and and and•and and and re-organized chapters on intelligence methods, the organization of the intelligence community, and intelligence operations and and and•and and and re-organized chapters on and“enhanced interrogation,and” including the SSCI report Features and and Table of Cases, Third Edition and and Index, Third Edition Preface / Sample Chapters and and Preface, Third Edition
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The National Security Implications of Immigration Law by
Immigration law is unique in its national security applications because, while it may be used as a mechanism for keeping the enemy out, it is also the apparatus for entry into the US. This book examines this topic by conducting a historical overview of using immigration law for national security purposes, and exploring laws and cases themselves.
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National Security Law in the News by
"A joint project of the ABA Standing Committee on Law and National Security and the Medill School of Journalism, Northwestern University
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Patriots Debate by
Covers three general areas such as The War on Terrorism; Data, Technology, and Privacy; and Legal Frameworks for Projecting Force. This book discusses some of today's hot issues in national security, including: Presidential war powers; National security letters; Targeted killing; Law and cyber war; and, The future of military detention.
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The Enemy Combatant Papers by
This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.
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Legal Issues in the Struggle Against Terror by
More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation's first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America¿s most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with ''hate propaganda'' without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror.
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U. S. National Security: a Reference Handbook by
A thoroughly up-to-date expert analysis of national security issues in the United States, focusing on the dramatic changes brought about by the attacks of September 11, 2001.
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The Enemy Combatant Papers by
This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.
Legal Issues in the Struggle Against Terror by
More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation's first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America's most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with "hate propaganda" without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror. "Open discussions about the issues contained in Legal Issues in the Struggle Against Terror are essential if we are to develop a sound, transparent, durable legal regime as a key component of the continuing fight against terrorism." The Law and Politics Book Review
The American Challenge by
This sequel to Carl Q. Christol's International Law and U.S. Foreign Policy (2nd Revised Edition, 2006) is based on original sources, such as the Constitution, treaties, statutes including the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006, critical Supreme Court decisions, all relevant Department of Justice memorandums that have been released to the public, and the wide-ranging public writings of scholars and members of the professional estate. Christol emphasizes the significance of the constitutional concept of separation of powers, pointing to the efforts of the Executive branch to call upon the Commander-in-Chief and war powers during what has been referred to as "the war on terrorism." He draws attention to the growing authority of "military law" and, in the contest between the three branches of government, Christol emphasizes the roles of Congress and the Courts in the protection of civil and political rights and liberties. Christol further emphasizes the importance of the writ of habeas corpus, the right to counsel, the right to a fair and speedy trial, and the presumption of innocence in criminal trials. Support for American outlooks toward the world rule of law was particularly identified in the U.S. responses in 2006 to earlier concerns and recommendations by the Torture Committee established in the 1984 Convention Against Torture. A detailed index serves as a guide to the wide-ranging and specific matters that were considered.
National Security Law, 5th ed by
National Security Law, Fifth Edition, provides the broadest exploration of both constitutional and domestic law issues in National Security of any book in the field. This highly respected team of authors uses expressive and descriptive text to provide context and informative historical and background information as well as thoughtful treatment of related international law topics. The Fifth edition features the most recent and important cases as well as excerpts from significant reports and other materials. This book has been adopted for classroom use at a majority of American law schools, as well as military academies and schools, and non-law graduate programs. Among the features that have made this text the preeminent casebook in the field: Cohesive thematic framework--examines law and process for using U.S. force abroad, intelligence gathering, counterterrorism, homeland security and related civil liberties concerns, and access to sensitive government information in a democracy. Rich, well-balanced primary materials--including judicial opinions, executive orders, executive branch legal memoranda, statutes, and legislative history. Currency and comprehensive coverage--addresses the very latest developments in the detention and trial of terrorist suspects, interrogation, targeted killings, domestic intelligence collection, protection of government secrets, and related issues. Topics are organized into numerous shorter chapters, to reflect the way professors actually use the materials in the classroom. Annual Supplements--containing the latest developments in this very dynamic field. New to the Fifth Edition: Important recent cases, such as Doe v. Holder, Al-Kidd v. Ashcroft, Al-Bihani v. Obama, Arar v. Ashcroft, El-Shifa Pharmaceutical Industries Co. v. United States, Mohamed v. Jeppesen Dataplan, Inc., In re Directives [Redacted Text], and Holder v. Humanitarian Law Project Excerpts from significant reports and materials National Security Strategy, May 2010 Letter from the President Regarding the War Powers Report, December 16, 2009 The Obama Administration and International Law, by Harold Hongju Koh (Remarks on targeted killings) Final Report: Guantanamo Review Task Force, January 22, 2010 Military Commissions Act of 2009 New Obama executive order on classification Attorney General Memo re Policies and Procedures Governing Invocation of the State Secrets Privilege, September 23, 2009
Solving the War Puzzle by
Mankind has been struggling since Thucydides to understand the origins of war. Within the last quarter-century, however, many of the pieces of the war puzzle have begun to fall into place. This book builds on the available evidence and offers an important original theory as to the cause of war and means for its control. In doing so, the book simultaneously offers a new theory of international relations, bridging the gap between classical realism and idealism in international relations. The author, a former United States Ambassador, directs the Center for National Security Law at the University of Virginia and was the founding Chairman of the United States Institute of Peace. "Solving the War Puzzle may be the most insightful and important examination of the causes of war since Clausewitz published On War in 1832. This slim volume, precisely written, superbly researched, and elegantly presented, carefully evaluates, integrates, and synthesizes the multiple elements the confluence of which results in armed conflict." -- James P. Terry, Col., U.S. Marine Corps, Ret. Deputy Assistant Secretary of State and former Legal Counsel to the Chairman of the Joint Chiefs of Staff "[Solving the War Puzzle] offers a useful framework for stimulating further reflection on the causes of war. This slim volume is supplemented with extensive notes and an ample biography." -- CHOICE Magazine
The Constitution and 9/11: recurring threats to America's freedoms by
The author assesses the longstanding tension between protecting constitutional rights and safeguarding national security in a study that focuses on how the Bush administration's responses to 9/11 have threatened the Constitution and the rights it protects.
The Detention of Unlawful Enemy Combatants During the War on Terror by
Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the ""new"" enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay.
In the Common Defense by
The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book is essential for anyone wanting a understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance. Emphasis is placed on national security process and intelligence, as well as the role of the layer. Written in a style accessible to both the general reader and the specialist, the book offers an inside look at the practice of national security law from the perspective of the president's national security lawyer.
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