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Author: David Scharia
Publisher: Oxford University Press, USA
ISBN: 0199393362
Category : Law
Languages : en
Pages : 296
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Book Description
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.
Author: David Scharia
Publisher: Oxford University Press, USA
ISBN: 0199393362
Category : Law
Languages : en
Pages : 296
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Book Description
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.
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.
Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
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Book Description
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.
Author: Geoffrey S. Corn
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 541
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Book Description
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
Author: James Chou
Publisher: Createspace Independent Publishing Platform
ISBN: 9781544124698
Category :
Languages : en
Pages : 190
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Book Description
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.
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.
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
Author: Caroline Stone
Publisher: Oxford University Press
ISBN: 0198895305
Category : Law
Languages : en
Pages : 1105
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Book Description
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.
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.
Author: Susan Nevelow Mart
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
