National Security Law


Book Description

This timely casebook provides a complete exploration of both constitutional and domestic law issues of national security, blended with cases, notes, questions, and original materials. The best-selling casebook in the field, National Security Law, Third Edition, Is both current and comprehensive. Some of the effective features that earned the book its leading position include: a cohesive thematic framework that examines policy And The consequences surrounding American use of force, intelligence operations, and counterterrorism efforts rich primary materials, such as judicial opinions, executive correspondence, statutes, and legislative history penetrating hypothetical questions that prompt analysis of the actual issues faced by national security professionals plentiful descriptive text to supply context and informative historical and background materials Material in the Third Edition is especially important in light of current national security issues: Part III, devoted to terrorism and transnational law enforcement, includes the original Osama bin Laden case, American-Arab Anti-Discrimination Committee v. Reno, and materials on consequence management extensive coverage throughout the book of the terrorist attacks of September 11, 2001 with legal analysis of U.S. And international responses U.S. military involvement in Columbia U.S. And NATO activity in Kosovo




National Security Law, 2/e


Book Description

National Security Law, 2e, is about the law governing the Canadian state's response to serious crises. The book approaches national security law as a system, organizing its discussion of law around five themes: structure, threats, information, response, and accountability. This edition is a comprehensive rewrite of the first edition.




National Security Law and the Constitution


Book Description

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitutionprovides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering




In the Common Defense


Book Description

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.




Privacy, Law Enforcement, and National Security


Book Description

Developed from the casebook Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues related to government surveillance and national security. It can be used as a supplement to general criminal procedure courses, as it covers electronic surveillance law and national security surveillance extensively, topics that many criminal procedure casebooks¿don’t cover in depth. New to the Third Edition: Carpenter v. United States United States v. Basaaly Saeed Moalin Other topics covered include: Fourth Amendment Third Party Doctrine Metadata, sensory enhancement technology Video surveillance, audio surveillance, location tracking, and GPS Electronic surveillance law and computer searches ECPA, CALEA, USA-PATRIOT Act, FISA Foreign intelligence and NSA surveillance







The Centaur's Dilemma


Book Description

Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law. James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law—even when not directly addressing artificial intelligence—can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security—including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race. Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.







Knowledge Regulation and National Security in Postwar America


Book Description

The first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Mario Daniels and John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.




Security and Law


Book Description

Security and law against the backdrop of technological development.Few people doubt the importance of the security of a state, its society and its organizations, institutions and individuals, as an unconditional basis for personal and societal flourishing. Equally, few people would deny being concerned by the often occurring conflicts between security and other values and fundamental freedoms and rights, such as individual autonomy or privacy for example. While the search for a balance between these public values is far from new, ICT and data-driven technologies have undoubtedly given it a new impulse. These technologies have a complicated and multifarious relationship with security.This book combines theoretical discussions of the concepts at stake and case studies following the relevant developments of ICT and data-driven technologies. Part I sets the scene by considering definitions of security. Part II questions whether and, if so, to what extent the law has been able to regulate the use of ICT and datadriven technologies as a means to maintain, protect or raise security, in search of a balance between security and other public values, such as privacy and equality. Part III investigates the regulatory means that can be leveraged by the law-maker in attempts to secure products, organizations or entities in a technological and multiactor environment. Lastly, Part IV, discusses typical international and national aspects of ICT, security and the law.