National Security Law, 2004-2005 Case Supplement

by ; ; ;
  • ISBN13:


  • ISBN10:


  • Edition: Supplement
  • Format: Paperback
  • Copyright: 2004-08-27
  • Publisher: Wolters Kluwer
  • Purchase Benefits
  • Free Shipping Icon Free Shipping On Orders Over $35!
    Your order must be $35 or more to qualify for free economy shipping. Bulk sales, PO's, Marketplace items, eBooks and apparel do not qualify for this offer.
  • eCampus.com Logo Get Rewarded for Ordering Your Textbooks! Enroll Now
List Price: $25.50


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 nationiquest;s security United States v. Moussaoui - aspects of the case of the iquest;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

Author Biography

Stephen Dycus Professor of Law Vermont Law School Arthur L. Berney Professor of Law, Emeritus Boston College William C. Banks Laura J. and L. Douglas Meredith Professor Syracuse University Peter Raven-Hansen Glen Earl Weston Research Professor of Law George Washington University

Table of Contents

Prefacep. xi
Table of Casesp. xiii
The President's National Security Powersp. 1
Foreign Relations Powersp. 1
Executive Privilegep. 3
The Domestic Effect of International Lawp. 5
Treaties and Agreementsp. 5
The Domestic Legal Effect of Customary International Law and Jus Cogensp. 6
General Warp. 7
War Against Iraq--2003p. 7
Authorization for Use of Military Force Against Iraq Resolution of 2002p. 7
Notes and Questionsp. 12
Intelligence Operationsp. 17
Problems in the Reform of Intelligence Operationsp. 17
Executive Branch Reformsp. 17
The Privatization of Intelligence Operationsp. 18
Dirty Assetsp. 18
Organizing for Counterterrorism: An Overviewp. 21
Countering Terrism at Home and Abroadp. 21
Defining the Terrorist Threatp. 21
What Is Terrorism?p. 21
People's Mojahedin Organization of Iran v. Department of Statep. 21
Notes and Questionsp. 25
Planning for Homeland Securityp. 26
Investigating Terrorism and Other National Security Threatsp. 27
The Fourth Amendment Frameworkp. 27
Interrogation and Treatment of Detainees Held Abroad in the "War on Terrorism"p. 27
Application of Treaties and Laws to Al Qaeda and Taliban Detaineesp. 31
Decision re Application of the Geneva Conventions to the Conflict with Al Qaeda and the Talibanp. 39
Letter of Attorney General John Ashcroft to President George W. Bushp. 43
Comments on Your Paper on the Geneva Conventionp. 45
Working Group Report on Detainee Interrogationsp. 46
Counter-Resistance Techniques in the War on Terrorismp. 57
Notes and Questionsp. 60
Congressional Authority for Surveillance:
The Foreign Intelligence Surveillance Actp. 75
In re: Sealed Case No. 02-001, 02-002p. 80
Notes and Questionsp. 93
Executive Authority for National Security Investigationsp. 96
Executive Order No. 12,333p. 97
Domestic Security Guidelinesp. 99
National Security Investigations Guidelinesp. 104
Notes and Questionsp. 112
Balancing Privacy and Securityp. 119
Notes and Questionsp. 121
Profiling Suspects for Investigationsp. 122
Preventive Detentionp. 123
Office of the Inspector General, Department of Justice, Press Release, The September 11 Detaineesp. 123
Wartime Detention and the Suspension of the Writp. 130
The Wartime Detention of Non-Combatantsp. 130
Alien Enemy Actp. 130
Korematsu v. United Statesp. 131
Notes and Questionsp. 131
The Suspension of the Writ of Habeas Corpusp. 131
Ex parte Milliganp. 132
Rasul v. Bushp. 133
Notes and Questionsp. 144
The Military Detention of Enemy Combatantsp. 146
Military Trial of Combatants Before 9/11p. 146
Ex parte Milliganp. 146
Ex parte Quirinp. 146
Notes and Questionsp. 146
Military Detention of Combatants After 9/11p. 146
Hamdi v. Rumsfeldp. 147
Order by President George W. Bush to the Secretary of Defensep. 173
Padilla v. Rumsfeldp. 174
Notes and Questionsp. 185
Consequence Management: When the Worst Happensp. 191
Who's in Charge? Taking Command of the Situationp. 191
Assigning Lead Agency Responsibilityp. 191
The Department of Homeland Securityp. 191
Notes and Questionsp. 197
Addressing Medical Emergenciesp. 199
Case Study: A Plague on Your Cityp. 199
Statutory and Regulatory Authorityp. 199
Civil Liberties Implicationsp. 201
The Role of the Armed Forcesp. 203
The Military in American Societyp. 203
Military Responsibility for "Homeland Security"p. 205
Trying International Terroristsp. 207
Criminalizing Sedition, Terrorism, and Support for Terrorismp. 207
Notes and Questionsp. 207
United States v. Al-Arianp. 210
Notes and Questionsp. 224
Bringing Them Back Alive: Extradition and Other Renditionp. 231
Trying Terrorists and Other International Criminalsp. 232
Secret Information in Proceedings Against Terroristsp. 232
United States v. Moussaouip. 233
Notes and Questionsp. 243
Trial by Military Commissionp. 245
Public Access to National Security Informationp. 249
Executive Order No. 12,958--Classified National Security Informationp. 249
The Freedom of Information Actp. 250
The Statutory Textp. 250
Statutory Exemptions and Judicial Reviewp. 250
Other Open Government Lawsp. 252
Presidential Records Actp. 252
Open Meetings Lawsp. 252
Common Law Right to Knowp. 253
Constitutional Right to Knowp. 254
Detroit Free Press v. Ashcroftp. 256
North Jersey Media Group, Inc. v. Ashcroftp. 272
Notes and Questionsp. 283
Protecting "State Secrets" in Civil Litigationp. 286
Table of Contents provided by Ingram. All Rights Reserved.

Rewards Program

Reviews for National Security Law, 2004-2005 Case Supplement (9780735551688)