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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: 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: Glenn Sulmasy
Publisher: Oxford University Press
ISBN: 0199888663
Category : History
Languages : en
Pages : 256
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Book Description
The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.
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:
Publisher:
ISBN: 9781663319005
Category : Court rules
Languages : en
Pages :
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Book Description
Author: Lee C. Bollinger
Publisher: Oxford University Press
ISBN: 0197519385
Category : LAW
Languages : en
Pages : 385
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Book Description
Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944
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Book Description
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: President's Review Group on Intelligence and Communications Technologies, The
Publisher: Princeton University Press
ISBN: 1400851270
Category : Political Science
Languages : en
Pages : 287
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Book Description
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.
