The National Security Court System
DOWNLOAD
Download The National Security Court System PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The National Security Court System book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The National Security Court System
DOWNLOAD
Author : Glenn Sulmasy
language : en
Publisher: Oxford University Press
Release Date : 2009-08-06
The National Security Court System written by Glenn Sulmasy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-06 with Law categories.
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.
The National Security Court System
DOWNLOAD
Author : Glenn M. Sulmasy
language : en
Publisher:
Release Date : 2023
The National Security Court System written by Glenn M. Sulmasy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Courts-martial and courts of inquiry categories.
The Age Of Deference
DOWNLOAD
Author : David Rudenstine
language : en
Publisher: Oxford University Press
Release Date : 2016
The Age Of Deference written by David Rudenstine and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
"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"--
Judicial Review Of National Security
DOWNLOAD
Author : David Scharia
language : en
Publisher: Oxford University Press
Release Date : 2014-10-30
Judicial Review Of National Security written by David Scharia and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-30 with Law categories.
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.
Secrecy National Security And The Vindication Of Constitutional Law
DOWNLOAD
Author : D. Cole
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013
Secrecy National Security And The Vindication Of Constitutional Law written by D. Cole and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Legal Issues In Homeland Security
DOWNLOAD
Author : Terrence P. Dwyer
language : en
Publisher: Looseleaf Law Publications
Release Date : 2014
Legal Issues In Homeland Security written by Terrence P. Dwyer and has been published by Looseleaf Law Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Border security categories.
If you are studying Homeland Security or related disciplines or you are active in a position that requires you to maintain and protect democracy and the rights of a free society against terrorism, you need this text. Now, more than ever in U.S. history, the need to understand and implement counter-terrorism strategies on domestic soil is of utmost importance.
New York Times V United States
DOWNLOAD
Author : D. J. Herda
language : en
Publisher:
Release Date : 1994
New York Times V United States written by D. J. Herda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Freedom of the press categories.
The New York Times, in the midst of the Vietnam War, published the damaging Pentagon Papers. The federal government sought to prevent their publication, which led up to the resulting Supreme Court case.
The National Security Enterprise
DOWNLOAD
Author : Harvey Rishikof
language : en
Publisher: Georgetown University Press
Release Date : 2011
The National Security Enterprise written by Harvey Rishikof and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
Recent breakdowns in American national security have exposed the weaknesses of the nation's vast overlapping security and foreign policy bureaucracy and the often dysfunctional interagency process. In the literature of national security studies, however, surprisingly little attention is given to the specific dynamics or underlying organizational cultures that often drive the bureaucratic politics of U.S. security policy. The National Security Enterprise offers a broad overview and analysis of the many government agencies involved in national security issues, the interagency process, Congressional checks and balances, and the influence of private sector organizations. The chapters cover the National Security Council, the Departments of Defense and State, the Office of the Director of National Intelligence, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and the Office of Management and Budget. The book also focuses on the roles of Congress, the Supreme Court, and outside players in the national security process like the media, think tanks, and lobbyists. Each chapter details the organizational culture and personality of these institutions so that readers can better understand the mindsets that drive these organizations and their roles in the policy process. Many of the contributors to this volume are long-time practitioners who have spent most of their careers working for these organizations. As such, they offer unique insights into how diplomats, military officers, civilian analysts, spies, and law enforcement officials are distinct breeds of policymakers and political actors. To illustrate how different agencies can behave in the face of a common challenge, contributors reflect in detail on their respective agency's behavior during the Iraq War. This impressive volume is suitable for academic studies at both the undergraduate and graduate level; ideal for U.S. government, military, and national security training programs; and useful for practitioners and specialists in national security studies.
Secure Access To Justice And Court Protection Act Of 2005
DOWNLOAD
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2005
Secure Access To Justice And Court Protection Act Of 2005 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Architecture categories.
Israel S National Security Law
DOWNLOAD
Author : Amichai Cohen
language : en
Publisher: Routledge
Release Date : 2012-08-06
Israel S National Security Law written by Amichai Cohen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-06 with History categories.
Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.