Judicial Review of National Security

Judicial Review of National Security PDF Author: David Scharia
Publisher: Terrorism and Global Justice
ISBN: 0199393362
Category : Law
Languages : en
Pages : 296

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Book Description
Here, 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.

Judicial Review of National Security

Judicial Review of National Security PDF Author: David Scharia
Publisher: Terrorism and Global Justice
ISBN: 0199393362
Category : Law
Languages : en
Pages : 296

Get Book

Book Description
Here, 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.

Freedom of Information and National Security

Freedom of Information and National Security PDF Author: Amin Pashaye Amiri
Publisher: Herbert Utz Verlag
ISBN: 3831643903
Category :
Languages : en
Pages : 198

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Book Description
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.

The Age of Deference

The Age of Deference PDF Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345

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Book Description
"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--

Engaging Privacy and Information Technology in a Digital Age

Engaging Privacy and Information Technology in a Digital Age PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309134005
Category : Computers
Languages : en
Pages : 450

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Book Description
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.

Intelligence Community Legal Reference Book

Intelligence Community Legal Reference Book PDF Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944

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Book Description


In the Common Defense

In the Common Defense PDF Author: James E. Baker
Publisher: Cambridge University Press
ISBN: 113946518X
Category : Political Science
Languages : en
Pages : 405

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Book Description
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.

National Security and Double Government

National Security and Double Government PDF Author: Michael J. Glennon
Publisher: Oxford University Press, USA
ISBN: 0190206446
Category : Law
Languages : en
Pages : 306

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Book Description
Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.

National Security and the Legal Process

National Security and the Legal Process PDF Author: Philip D. O'Neill (Jr.)
Publisher:
ISBN:
Category : History
Languages : en
Pages : 360

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Book Description
"Explores the impact of terror and WMD proliferation on national and international law as it pertains to areas ranging from sovereignty vs. intervention under international law to 21st century topics including terror finance, electronic intelligence gathering and detention practices. Volume 2 serves as a documentary research tool providing original text of the various documents discussed in Volume 1"--Provided by publisher.

National Security Law and the Constitution

National Security Law and the Constitution PDF Author: Geoffrey S. Corn
Publisher: Aspen Publishing
ISBN: 1543810713
Category : Political Science
Languages : en
Pages : 1032

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Book Description
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

Aspen Treatise for National Security Law

Aspen Treatise for National Security Law PDF Author: Geoffrey S. Corn
Publisher: Aspen Publishing
ISBN: 1543813461
Category : Political Science
Languages : en
Pages : 654

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Book Description
This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. 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. Key Features 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.Complements a range of the most commonly addressed national security topics.