National Security Law

by Stephen Dycus, Arthur L. Berney, William C. Banks, Peter Raven-Hansen, Stephen I. Vladeck

Overview

For the broadest exploration of both constitutional and domestic law issues in national security, as well as thoughtful treatment of related international law topics, join your many colleagues who have made National Security Law the top-selling casebook in its field.

This thorough revision preserves the features that earned the book such widespread use:

a cohesive thematic framework for an examination of law and process for using American force abroad, intelligence gathering, counterterrorism, homeland security and related civil liberties concerns, and access to sensitive government information in a democracy

a rich, well-balanced selection of primary materials, including judicial opinions, executive orders, executive branch legal memoranda, statutes, and legislative history

descriptive text that provides context and informative historical and background information

current and comprehensive coverage of the very latest developments in the war on terrorism, torture, the Iraq War, the USA PATRIOT Act, and related issues

the expertise of a highly respected author team

Changes for the Fourth Edition update content and simplify teaching:

full treatment of all important issues and developments in the aftermath of September 11, including the USA PATRIOT Act and its amendments, the Iraq War, detention without process, torture, extraordinary rendition, the Department of Homeland Security, border and transportation security, military commissions, intelligence reform legislation, and more

significant new cases, such as Hamdi v. Rumsfeld, Padilla v. Rumsfeld, U.S. v. Al-Arian, Detroit Free Press v.Ashcroft, U.S. v. Moussaoui, People's Mojahedin Organization of Iran v. Department of State, Rasul v. Bush, Doe v. Ashcroft, and Tenet v. Doe

the chapters of the book are reorganized to facilitate the treatment of intelligence gathering and detention, break larger chapters into smaller ones that allow professors greater ease in assignments, and reflect important developments since the previous edition

37 thematically compact and teachable chapters

new case studies of controversial initiatives like the Terrorist Surveillance Program, extraordinary rendition, and the Valerie Plame case

Product Details

ISBN-13:	9781454868323
Publisher:	Wolters Kluwer Law & Business
Publication date:	05/25/2016
Series:	Aspen Casebook
Edition description:	Older Edition
Pages:	1496
Product dimensions:	7.70(w) x 10.00(h) x 2.30(d)

Table of Contents

1. Introduction

PART I. Framework

2. Providing for the "Common Defence": The Original Understanding
3. The Gloss of History: An Introduction to the Separation of National Security Powers
4. The President's National Security Powers
5. Congress's National Security Powers
6. The Courts' National Security Powers
7. The Domestic Effect of International Law

PART II. Using Force Abroad

8. War in General
9. The War Powers Resolution
10. Unilateral Self-Defense and Rescue
11. Collective Self-Defense
12. Preemptive War
13. Humanitarian and Peace/Stability Operations

PART III. Conducting Intelligence Operations Abroad

14. Origins and Evolving Limits of Intelligence Operations
15. Covert Action
16. Other Legal Problems in the Intelligence Field

PART IV. Fighting Terrorism

17. Defining Terrorism
18. The Fourth Amendment and National Security
19. Congressional Authority for National Security Surveillance
20. Third-Party Records and Data Mining
21. Screening for Security
22. Organization and Coordination of Counterterrorism Investigations
23. Surveillance Abroad
24. Civil Detention of Terrorist Suspects
25. Suspending the Great Writ
26. Military Detention
27. Interrogating Terrorist Suspects
28. Criminalizing Terrorism and Material Support
29. Secret Evidence
30. Trial by Military Commission
31. Managing a WMD Attack
32. The Domestic Role of the Armed Forces

PART V. Obtaining and Protecting

National Security Information
33. Regulating Access to National Security Information
34. Statutory Access to National Security Information
35. Access toNational Security Information in Civil Litigation
36. Restraining Unauthorized Disclosures of National Security Information
37. Restraints on Publication of National Security Information

APPENDIX - Constitution of the United States

Table of Cases

Index