Download or read book Reform of the State Secrets Privilege written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform of the State Secrets Privilege written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reform of the state secrets privilege : hearing before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, second session, January 29, 2008.
Download or read book Reforming the State Secrets Privilege written by and published by . This book was released on 2007 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Secrets written by Sudha Setty and published by . This book was released on 2011 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India - an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative analysis is necessary to fully understand the transnational implications of the U.S. application of the state secrets privilege, which have recently come to light in litigation involving both the United States and England.This Article concludes that domestic reform efforts continue to be necessary to achieve an appropriate application of the privilege which balances national security with the need to preserve the rule of law, individual rights, liberty interests and government accountability. The Article further suggests that reforms should explicitly account for alleged human rights abuses by the government in determining whether a claim of privilege should be upheld.
Download or read book State Secrets Privilege and Other Limits on Litigation Involving Classified Information written by Edward C. Liu and published by DIANE Publishing. This book was released on 2010-03 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the nat. security of the U.S. Contents of this report: (1) U.S. v. Reynolds: Asserting the Privilege; Evaluating the Validity of the Privilege; Effect of a Valid Privilege; (2) Totten v. U.S.: Special Case of Nonjusticiable Contracts for Espionage; (3) Classified Info. Procedures Act and Secret Evidence in Criminal Litigation:Withholding Classified Info. During Discovery; Confrontation Clause and the Use of Secret Evidence at Trial; (4) Legislative Modification of the State Secrets Privilege: Foreign Intell. Surveillance Act; State Secrets Protection Act.
Download or read book Reform of the State Secrets Privilege written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2008 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform of the State Secrets Privilege written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The State Secrets Privilege and Separation of Powers written by Amanda Frost and published by . This book was released on 2007 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to hear and decide such cases.The executive's recent invocation of the privilege raises a concern that has been largely overlooked thus far - the impact of the privilege on legislative power to assign jurisdiction to the federal courts. The U.S. Constitution grants to Congress, and not the President, near-plenary authority to craft federal jurisdiction. Furthermore, when Congress assigns federal courts to hear cases challenging the legality of executive action, it is enlisting the judiciary as its partner in policing executive conduct. The executive's recent use of the privilege disrupts that constitutional collaboration, leaving the executive potentially unchecked by any branch of government. The Essay then discusses how courts should incorporate the concern for legislative power and executive oversight into its analysis of the state secrets privilege. It concludes by suggesting that courts refuse to dismiss these cases until Congress has indicated a willingness to take back the task of executive oversight that it had delegated to the courts through the original jurisdictional grant.
Download or read book State Secrets Protection Act written by Lara H. Nellington and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ''state secrets privilege'' is a common law rule of evidence that the Federal Government can invoke to prevent materials from being publicly disclosed in civil court proceedings, if the Government establishes that such disclosure would harm the Nation. In the early 1970s, Congress considered including a state secrets provision in the Federal Rules of Evidence, but it ultimately decided not to include any privileges. Although numerous laws govern the handling of classified documents and other information that may implicate state secrets in specific contexts, the state secrets privilege has never been codified in statute
Download or read book The State Secrets Privilege and Other Limits on Classified Information written by Jonathon W. Collingsworth and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The State Secrets Privilege is an evidentiary rule created by United States legal precedent. The court is asked to exclude evidence from a legal case based solely on an affidavit submitted by the government stating court proceedings might disclose sensitive information which might endanger national security and military secrets in particular as in the case of United States v. Reynolds, the first case that saw formal recognition of the privilege.
Download or read book THE POWER TO CONCEAL EXECUTIVE POWER AND THE STATE SECRETS PRIVILEGE written by Briana Rose Morgan and published by . This book was released on 2016 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though conceived as a common law evidentiary privilege, for use within a trial, to protect discreet pieces of evidence in the public interest, the primary purpose of the state secrets privilege today is to conceal executive policy and activities. Following 9/11, the Bush administration began to utilize the state secrets privilege in a new way by demanding that cases, in which state secrets were allegedly involved, be dismissed before trials even began. President Obama has continued to expand the use of the privilege as broadly as his predecessor. My dissertation explores this dilemma of policy continuity. The resulting study is focused on the intersection of the institutional and personal presidency, and the embededness of secrecy within the executive branch. It finds that the institutional protections of the state secrets privilege far outweigh the personal preferences, ideology or scruples of whichever individual inhabits the Oval Office.
Download or read book Examining the State Secrets Privilege written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Our Very Privileged Executive written by D. A. Jeremy Telman and published by . This book was released on 2008 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper was first presented at the Temple Law Review Symposium on Executive Power.In Reynolds v. United States, the Supreme Court shaped the state secrets privilege (the Privilege) as one akin to that against self-incrimination. In recent litigation, the government has asserted the Privilege in motions for pre-discovery dismissal, thus transforming the Privilege into a form of executive immunity. This Paper argues that courts must step in to return the Privilege to a scope more in keeping with its status as a form of evidentiary privilege. After reviewing the doctrinal origins of the Privilege, the Paper explores three types on issues implicated by the government's invocation of the Privilege. The government, in calling for judicial deference to executive assertions of the Privilege, often relies on (1) separation of powers arguments or on (2) arguments sounding in institutional competence. Courts are often swayed by such arguments and thus give relatively little consideration to the (3) conflict of interest inherent in the government's assertion of the Privilege and the impact of the successful invocation of the Privilege on the rights of individual litigants. The Paper then proceeds to address arguments that Congress can provide a check on executive abuse of the Privilege. The Paper argues that, assuming that Congress has constitutional authority, it lacks the will or the institutional competence to provide a proper solution to the problems raised by the Privilege. Instead, the Paper contends that, since courts created the Privilege, courts are best positioned to rein it in. The final section of the Paper provides examples drawn from case law illustrating mechanisms whereby courts can protect state secrets while also giving litigants adverse to the government their day in court.
Download or read book State Secrets Protection Act written by U. S. Senate and published by . This book was released on 2012-10-23 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ''state secrets privilege'' is a common law rule of evidence that the Federal Government can invoke to prevent materials from being publicly disclosed in civil court proceedings, if the Governmentestablishes that such disclosure would harm the Nation. In the early 1970s, Congress considered including a state secrets provision in the Federal Rules of Evidence, but it ultimately decidednot to include any privileges.1 Although numerous laws govern the handling of classified documents and other information that may implicate state secrets in specific contexts, the state secrets privilege has never been codified in statute. The Supreme Court addressed the state secrets privilege at length for the first (and last) time in United States v. Reynolds,2 a 1953 tort suit brought by widows of civilian engineers who diedin an Air Force plane crash. The Reynolds decision has been criticized as internally contradictory and excessively deferential to the Executive,3 and commentators dispute the extent to which it is followedby lower courts today.4 Nevertheless, it remains the foundational case on the privilege and the starting point for judicial review of privilege claims. As one commentator describes it, the analyticalframework established in Reynolds comprises several basicprinciples:
Download or read book State Secret Protection Act of 2009 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review Volume 128 Number 7 May 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-05-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, May 2015, is offered in a digital edition. Contents include: • Article, “The Normalization of Foreign Relations Law,” by Ganesh Sitaraman and Ingrid Wuerth • Book Review, “The Family, in Context,” by Maxine Eichner • Note, “Forgive and Forget: Bankruptcy Reform in the Context of For-Profit Colleges” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: retroactive prosecution of conspiracy to commit war crimes at Guantanamo; holding a legislature in contempt for unconstitutional funding of education; bullying and criminal harassment law; first amendment implications of high school suppression of violent speech; using statistics to prove False Claims Act liability; first amendment problems of a requirement that sex offenders provide internet identifiers to police; BIA ruling that Guatemalan woman fleeing domestic violence meets asylum threshold; and FDA regulation on nutritional information under the Affordable Care Act. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2400 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2015, the seventh issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.
Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
