Download or read book Judicial Review of National Security written by David Scharia and published by Oxford University Press, USA. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
Download or read book Freedom of Information and National Security written by Amin Pashaye Amiri and published by Herbert Utz Verlag. This book was released on 2015-01-06 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sensitive national security information is among a government’s most significant duties. However, this concept may be used to adversely limit the public’s right to access to government-held information. Therefore, striking a reasonable balance between these competing interests is of great importance for any society. How important to the creation of such a balance is effective judicial review of government decisions denying public access to information on national security grounds? How should judicial review of these decisions be conducted? “Freedom of Information and National Security: A Study of Judicial Review under U.S. Law” seeks to answer these questions. It offers proposals for the improvement of judicial review of public bodies’ decisions in the U.S. and provides suggestions for conducting effective judicial review in other countries.
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Download or read book National Security Law written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2024-07-29 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Security Law: Principles and Policy, Third Edition provides a highly accessible but also comprehensive and timely supplement for students studying national security law. This concise treatise is a guide to the legal foundations and architecture that frame the exercise of key national security powers: diplomatic, intelligence, information, military, economic, and criminal. The authors explain essential legal and policy sources and principles that play an essential role in guiding the development, implementation, and review of national security policies. Central to the text is explanation of constitutional text, judicial opinions, statutes, treaties and other sources of international law, and policies. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. New to the Third Edition: The January 6, 2021 occupation of the U.S. Capitol New developments in executive power, cybersecurity, and artificial intelligence Benefits for instructors and students: Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law Chapters suitable as stand-alone sources for class assignments, allowing professors to substitute treatise-type treatment for primary sources where desired Incorporation of contemporary national security issues, to provide comprehensive illustrations of key laws and concepts A solid foundation for students, to facilitate focusing topical coverage on case studies and/or current events An easily accessible resource to efficiently enhance understanding of complex national security law topics Extensive use of historic examples of the impact of national security law and policy on actual national security decisions Reinforcement of the understanding of core law competencies such as federalism, separation of powers, justiciability, criminal procedures, criminal law, and statutory interpretation
Download or read book American University National Security Law Brief written by James Chou and published by Createspace Independent Publishing Platform. This book was released on 2017-02-02 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The National Security Law Brief is devoted to examining United States national security law and policy. Through the hard work and dedication of our staff, advisors, and supporters, the Brief continues to be a leader national security law analysis. This issue of the seventh volume of the National Security Law Brief publishes incisive legal analysis and commentary concerning privacy rights, the mental health of national security practitioners, and cybersecurity. It contains the following articles: Strengthen Section 702: A Critical Intelligence Tool Vital to the Protection of our CountryThe United States possesses the most powerful intelligence collection capabilities in the world. Recent disclosures about these capabilities have caused a growing interest in privacy rights and sparked fears of a surveillance state. This article analyzes and makes recommendations about Section 702, which authorizes the collection of foreign intelligence information concerning non-United States persons located outside of the United States. The article argues against placing further constraints on the Government's capabilities to collect and view certain types of data. The article further posits that, in light of the increasing number of threats that face the United States is facing, certain provisions of Section 702 should be amended to allow the collection of information on certain U.S and non-United States citizens without individualized judicial review. The Mental Health of our National Security: Protecting the Minds that Protect the HomelandMental health is an often overlooked aspect of United States national security law. This poignant article depicts the psychological pain borne by those who protect our country and concludes that the United States is failing both its national security law practitioners and citizens by refusing to seriously address mental health. The article examines the legal framework for mental health support for our national security practitioners and argues for better resourcing, screening, and organizational cultures. Cybersecurity, Identity Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a post-Clapper WorldHigh profile cyberattacks targeting personal and confidential information have become commonplace in the digital age. This article posits that since Clapper v. Amnesty International USA, courts have disallowed standing for victims alleging heightened risk of injury due to identity theft. The article argues that Clapper did not actually alter Article III standing requirements. The article further argues that the courts should allow standing using a heightened-risk-of-identity theft.
Download or read book Engaging Privacy and Information Technology in a Digital Age written by National Research Council and published by National Academies Press. This book was released on 2007-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Download or read book In the Common Defense written by James E. Baker and published by Cambridge University Press. This book was released on 2007-05-21 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, first published in 2007, is essential for anyone wanting an 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.
Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2020-09-03 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering
Download or read book National Security Law Procedure and Practice written by Caroline Stone and published by Oxford University Press. This book was released on 2024-05-23 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.
Download or read book National Security Law written by Stephen Dycus and published by Aspen Publishers. This book was released on 2002 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely casebook provides a complete exploration of both constitutional and domestic law issues of national security, blended with cases, notes, questions, and original materials. The best-selling casebook in the field, National Security Law, Third Edition, Is both current and comprehensive. Some of the effective features that earned the book its leading position include: a cohesive thematic framework that examines policy And The consequences surrounding American use of force, intelligence operations, and counterterrorism efforts rich primary materials, such as judicial opinions, executive correspondence, statutes, and legislative history penetrating hypothetical questions that prompt analysis of the actual issues faced by national security professionals plentiful descriptive text to supply context and informative historical and background materials Material in the Third Edition is especially important in light of current national security issues: Part III, devoted to terrorism and transnational law enforcement, includes the original Osama bin Laden case, American-Arab Anti-Discrimination Committee v. Reno, and materials on consequence management extensive coverage throughout the book of the terrorist attacks of September 11, 2001 with legal analysis of U.S. And international responses U.S. military involvement in Columbia U.S. And NATO activity in Kosovo
Download or read book Secrecy National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Download or read book Dis Informing the People s Discretion written by Susan Nevelow Mart and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of experts, both insiders and outsiders, is that there is rampant overclassification by government agencies. From its inception in 1966, the Freedom of Information Act has presumed disclosure. And from its inception, Congress intended the federal courts to act as a brake on unfettered agency discretion regarding classification. But courts have not played a strong role in this regard. This article examines the interplay of overclassification, excessive judicial deference, and illusory agency expertise in the context of the national security exemption to the Freedom of Information Act. The national security exemption allows documents to be withheld that are “specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy” and that “are in fact properly classified pursuant to such Executive Order.” The history of national security classification and the passage of the FOIA illuminate the tension between legislative demands for transparency and the growth of the national security state with its agency culture of secrecy. That tension has generally been resolved by the courts in favor of secrecy, despite agreement that there is rampant overclassification and pseudo-classification (labeling documents as sensitive but unclassified). This deference in turn leads agencies routinely deny FOIA requests that should in fact be granted. Without adequate court oversight, there is no agency incentive to comply with the FOIA's presumption of disclosure. We argue that courts have been systematically ignoring their clear legislative mandate. Although the government is entitled to substantial deference, the role of the judiciary is not to rubber stamp claims of national security, but to undertake de novo and in camera review of government claims that the information requested was both required to be kept secret and properly classified. Congress amended the FOIA in 1974 to make this requirement explicit, overruling a judicial attempt to defer completely to government claims that national security classifications are proper. There are many reasons that courts are reluctant to get involved in determining the validity of exemption claims based on national security. Overestimation of risk may be one reason, as is fear of the consequences of error. We also discuss a “secrecy heuristic” whereby people attribute greater accuracy to “secret” documents. Notwithstanding these rationales, courts have, in other contexts, wrestled successfully with the conflict between national security and paramount rights, such as those found in the first and fourth amendments. Courts have the institutional expertise to review claims of national security, if they choose to exercise it. Our conclusion is that the systematic failures of the federal courts in the FOIA context are neither inevitable nor justified. We show that courts do occasionally order the release of some documents. This article includes the first empirical investigation into the decisionmaking of the D.C. district courts and federal circuit courts in cases involving the national security exemption to determine what, if any, factors favor document release. We find that party characteristics are the biggest predictor of disclosure. We also show that, while politics do not seem to matter at most courts, they do at the D.C. Circuit Court of Appeals, at which Republican-dominated panels have never ordered disclosure.
Download or read book National Security and Double Government written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-11-15 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examining the Proper Role of Judicial Review in the Federal Regulatory Process written by United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Regulatory Affairs and Federal Management and published by . This book was released on 2015 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review Rights and National Security microform the Balancing Act written by Lisa Jennifer Hepplewhite and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2005 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
