A War Like No Other: The Constitution in a Time of Terror

A War Like No Other: The Constitution in a Time of Terror


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Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up.

The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.

Product Details

ISBN-13: 9781620970973
Publisher: New Press, The
Publication date: 06/16/2015
Pages: 352
Product dimensions: 5.60(w) x 8.30(h) x 1.30(d)

Table of Contents

Foreword Trevor Sutton ix

Part I An Unfolding Perspective 1

Chapter 1 In the Shadow of War 6

Chapter 2 The War on Terror and the Rule of Law 37

Chapter 3 The Perils of Minimalism 72

Chapter 4 Aberrations No More 103

Chapter 5 Law Is Everywhere 128

Part II The New Normal 141

Chapter 6 Imprisonment Without Trial 146

Chapter 7 Torture and Extraordinary Rendition 172

Chapter 8 Criminalizing Political Advocacy 200

Chapter 9 Warrantless Wiretapping 225

Chapter 10 The Targeted Killing of Alleged Terrorists 262

Notes 287

Index 313

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