Preface | p. xi |
Conversion Guide for Counterterrorism Law | p. xiii |
Table of Cases | p. xv |
Preemptive War | p. 1 |
Justifications for the War | p. 1 |
Senate Select Committee on Intelligence, Report on Whether Public Statements Regarding Iraq by U.S. Government Officials Were Substantiated by Intelligence Information | p. 1 |
Covert Action | p. 9 |
Executive Branch Reforms | p. 9 |
Executive Order No. 12,333 (as amended), United States Intelligence Activities | p. 9 |
Notes and Questions | p. 25 |
The Reforms Tested: A Case Study of the Iran Contra Affair | p. 27 |
Presidents' Rules: Executive Orders and Decision Directives | p. 27 |
Other Legal Problems in the Intelligence Field | p. 29 |
Domestic Collection | p. 29 |
The NSA | p. 29 |
Executive Order No. 12,333 (as amended), United States Intelligence Activities | p. 29 |
Congressional Authority for National Security Surveillance | p. 31 |
FISA, Law Enforcement, and "The Wall" | p. 31 |
Mayfield v. United States | p. 31 |
FISA Trends | p. 36 |
American Civil Liberties Union v. National Security Agency | p. 36 |
FISA Amendments Act of 2008 | p. 52 |
Third-Party Records and Data Mining | p. 69 |
Finding the Dots - Third-Party Records | p. 69 |
Expectations of Privacy Regarding Transactional Data | p. 69 |
Warshak v. United States | p. 69 |
Techniques and Authorities for Collection of Transactional Data | p. 80 |
Doe v. Gonzales (Doe IV) | p. 80 |
Screening for Security | p. 99 |
Checkpoint Searches | p. 99 |
MacWade v. Kelly | p. 99 |
Profiling | p. 107 |
Tabbaa v. Chertoff | p. 107 |
Organization and Coordination of Counterterrorism Investigations | p. 121 |
Executive Authority for National Security Investigations | p. 121 |
Executive Order No. 12,333 (as amended), United States Intelligence Activities | p. 121 |
Information Sharing and Agency Reforms | p. 122 |
Civil Detention of Terrorist Suspects | p. 123 |
Iqbal v. Hasty | p. 123 |
Suspending the Great Writ | p. 133 |
Availability of the Writ to Nonresident Aliens | p. 133 |
Boumediene v. Bush | p. 133 |
Availability of the Writ to U.S. Citizens Abroad | p. 164 |
Munaf v. Geren | p. 164 |
Military Detention | p. 175 |
Wartime Detention of Combatants Before 9/11 | p. 175 |
Johnson v. Eisentrager | p. 175 |
Military Detention of Alien Enemy Combatants After 9/11 | p. 182 |
Al-Marri v. Pucciarelli | p. 182 |
Secret Evidence | p. 215 |
Classified Information Procedures Act | p. 215 |
United States v. Abu Ali | p. 215 |
United States v. Rosen | p. 228 |
Trial by Military Commission | p. 241 |
Trial by Military Commission After 9/11 | p. 241 |
Military Commissions Act of 2006 | p. 241 |
Statutory Access to National Security Information | p. 255 |
The Freedom of Information Act | p. 255 |
The Statutory Text | p. 255 |
Note on 2007 FOIA amendments | p. 255 |
Other Open Government Laws | p. 257 |
Presidential Records Act | p. 257 |
American Historical Ass'n v. National Archives and Records Admin. (2007) | p. 257 |
Access to National Security Information in Civil Litigation | p. 265 |
Protecting "State Secrets" in Civil Litigation | p. 265 |
El-Masri v. United States | p. 265 |
Restraining Unauthorized Disclosures of National Security Information | p. 281 |
Restraining Leaks by Espionage Prosecutions | p. 281 |
United States v. Rosen | p. 281 |
Restraints on Publication of National Security Information | p. 295 |
Case Study: The Pentagon Papers Litigation | p. 295 |
The Threat of Criminal Prosecution | p. 295 |
United States v. Rosen | p. 295 |
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