national security law and the constitution aspen casebook series

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National Security Law And The Constitution

Author : Geoffrey S. Corn
ISBN : 1454873787
Genre : Law
File Size : 36. 24 MB
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This new casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, this first edition explores key points where constitutional law directs or restricts the development of national security policy, its implementation, and oversight. 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 course, as well as for use in advanced international relations and national security policy courses. Key Features: The text offers students a comprehensive yet focused treatment of key national security law concepts. 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. The chapters also use text boxes to illustrate key principles with historical events, and to highlight important issues, rules, and principles closely related to the primary sources. Text is divided into five parts: The Constitutional Framework, War Powers and Military Force, Crime and National Security, Information and National Security, and Other National Security Responses

National Security Law

Author :
ISBN : 0735556148
Genre : Law
File Size : 48. 29 MB
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Please Visit the Companion website: For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics, join your many colleagues who have made National Security Law the top-selling casebook in its field. This thorough revision preserves the features that earned the book such widespread use: a cohesive thematic framework for an examination of law and process for using American force abroad, intelligence gathering, counterterrorism, homeland security and related civil liberties concerns, and access to sensitive government information in a democracy a rich, well-balanced selection of primary materials, including judicial opinions, executive orders, executive branch legal memoranda, statutes, and legislative history descriptive text that provides context and informative historical and background information current and comprehensive coverage of the very latest developments in the war on terrorism, torture, the Iraq War, the USA PATRIOT Act, and related issues an extensive Teacher's Manual -- more than 400 pages, with detailed explanations and analysis -- completely revised to correspond to the Fourth Edition the expertise of a highly respected author team Changes for the Fourth Edition update content and simplify teaching: full treatment of all important issues and developments in the aftermath of September 11, including the USA PATRIOT Act and its amendments, the Iraq War, detention without process, torture, extraordinary rendition, the Department of Homeland Security, border and transportation security, military commissions, intelligence reform legislation, and more significant new cases, such as Hamdi v. Rumsfeld, Padilla v. Rumsfeld, U.S. v. Al-Arian, Detroit Free Press v. Ashcroft, U.S. v. Moussaoui, Peoples Mojahedin Organization of Iran v. Department of State, Rasul v. Bush, Doe v. Ashcroft, and Tenet v. Doe the middle chapters of the book are reorganized to facilitate the treatment of intelligence gathering and detention, break larger chapters into smaller ones that allow professors greater ease in assignments, and reflect important developments since the previous edition

Homeland Security Law

Author : Tyll van Geel
ISBN : 9781315298238
Genre : Law
File Size : 65. 78 MB
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Since 2001 the U.S. government has been engaged in the delicate balancing act of seeking to protect the country against terrorism, both foreign-connected and wholly domestic, while taking into account a number of constitutional protections that can all too easily be trammelled in the effort to assure domestic security. At the same time the development of these policies has created significant constitutional tension among the three branches of the federal government, especially when the President vigorously asserts claims of sweeping power as commander-in-chief in such a way as to raise warnings about the emergence of an imperial presidency. Simultaneously, the rule of law has been placed under stress as the technological prowess of the government has grown. This book addresses these topics in an accessible manner, covering the key developments of domestic security law related to terrorism. Tyll van Geel covers the essential elements of homeland security law including: branches of government and institutions involved in counterterrorism law; border control and immigration; surveillance; the searching of computers and cell phones; the prosecution of terrorists for any number of crimes, including cyberterrorism; military detention; the prosecution of unprivileged enemy belligerents in military commissions; and habeas corpus. The book is designed to offer a clear guide to current issues in domestic security in response to terrorism and will be a valuable guide for concerned citizens as well as undergraduate students studying domestic politics or national security.

Guant Namo And Beyond

Author : Fionnuala Ni Aoláin
ISBN : 9781107470002
Genre : Law
File Size : 27. 69 MB
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The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current 'state of the field'. The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.

Routledge Handbook Of Law And Terrorism

Author : Genevieve Lennon
ISBN : 9781134455164
Genre : Law
File Size : 52. 12 MB
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In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.

Information Privacy Law

Author : Daniel J. Solove
ISBN : 9781454892755
Genre : Law
File Size : 82. 90 MB
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This text offers a clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology and information privacy. Extensive background information and authorial guidance provide clear and concise introductions to various areas of law. The Sixth Edition of Information Privacy Law has been revised to include the General Data Protection Regulation, Spokeo, and many other new developments. Key Benefits: Updated cases, including those involving Hulu, Apple, Google, Snapchat, and others along with the Supreme Court ruling on Spokeo, Inc. v. Robins. New coverage of FTC and HHS enforcement actions. Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy. Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing litigation.

Processes Of Constitutional Decisionmaking

Author : Paul Brest
ISBN : 9781454829119
Genre : Law
File Size : 73. 50 MB
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Extraordinary team of authors traces the historical, political, and social development of constitutional law. Considers constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. Updated to include all new developments in the field. Delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Features: Coverage of the Health Care Case (NFIB v.Sebelius) and Shelby County v. Holder New materials on sexual orientation, race, and gender. Completely revised materials on sexual autonomy and abortion. Coverage of Second Amendment rights. Coverage of new developments in executive power and national security law. Increased coverage of the history of important political and social movements and their effects on American constitutional development. Expansion of the rich historical materials for which the casebook is famous--including new materials on the formation of the Constitution, the early Republic, the legislative history of the Fourteenth Amendment, the Gilded Age, and the constitutional struggle over the New Deal

National Security Law

Author : Stephen Dycus
ISBN : 0735551685
Genre : Law
File Size : 40. 83 MB
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This well-timed 2004 Case Supplement complements and updates National Security Law, Third Edition, with the addition of major new cases from the 2003-2004 U.S. Supreme Court term. Significant cases and issues include: Hamdi v. Rumsfeld & Rumsfeld v. Padilla - the authority of the government to hold American citizens as enemy combatants (decision expected in June) Humanitarian Law Project v. Reno - First Amendment limits on regulation of contributions to terrorist organizations United States v. Alvarez-Machain - 1990 kidnapping by U.S. Agents in Mexico; this case reviews questions about the roles of Congress and the courts, and about the application of international law as it refers to the nations security United States v. Moussaoui - aspects of the case of the twentieth 9/11 hijacker - were addressed in a Fourth Circuit decision handed down in April 2004 and will be addressed in the new supplement Homeland Security Act - new documents regarding the act's organization and describing its work will be included 9/11 Independent Commission - critically important questions about executive privilege, sharing information between and within the intelligence and law enforcement communities, and reorganization of the intelligence community

Modern Constitutional Law

Author : Lawrence Friedman
ISBN : 9781543804287
Genre : Law
File Size : 67. 51 MB
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Unlike other casebooks that typically seek to tackle the entirety of Constitutional Law and are organized from the perspective of the constitutional scholar—a top-down approach that encompasses (and even emphasizes) theoretical and philosophical perspectives and debates—Modern Constitutional Law: Cases, Problems and Practice focuses on key areas of constitutional law and is organized from the ground-up. Rather than assuming students will one day be making constitutional arguments before the U.S. Supreme Court (or teaching Constitutional Law), this book assumes students will more likely be making constitutional arguments before a state or federal trial court. And so it focuses on those areas of Constitutional Law that are likely to be relevant to the practice areas in which most law students will work after law school—small or solo firms that count individuals and small businesses as their clientele, or the offices of state agencies, district attorneys, or public defenders. New to the Second Edition: Updated with key First Amendment cases through the 2017–2018 Supreme Court term, including Expressions Hair Design v. Schneiderman and Masterpiece Cakeshop v. Colorado Civil Rights Commission Includes commentary on controversial cases from the 2017–2018 Supreme Court term, including Trump v. Hawaii Existing cases have been further edited to preserve the scope of the book while reducing its size Additional supplemental cases are added to the online Professor Resources to allow professors to add coverage of most areas of constitutional law Professors and students will benefit from: Narrower scope than other casebooks, the book is more manageable for 3- and 4- credit courses A focus on doctrine rather than theory Emphasis on modern and contemporary cases rather than historical ones (although landmark cases, such as McCulloch v. Maryland, The Prize Cases, and Lochner v. New York, to name a few, are also included) Coverage that focuses on the issues most relevant to the types of practice students will enter upon graduation, such as due process, equal protection, and First Amendment Inclusion of cases from the lower federal and state courts, courts in which most students are most likely to one day find themselves litigating constitutional issues Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information, rather than, like many casebooks, relying on numerous Notes to cover the jurisprudence in a particular area Each chapter includes one or more Problems to provide students opportunities to apply the doctrines learned Each chapter includes one or more “Practice Perspectives” that present the facts, background, and resolution of actual constitutional law cases, challenging students to explain the results based on what they have learned in the chapter

American Book Publishing Record

Author :
ISBN : UOM:39015066043251
Genre : American literature
File Size : 89. 97 MB
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