National Security Law and the Constitution
National Security Law and the Constitution

Author: Geoffrey S. Corn

Publisher: Aspen Publishing

Published: 2020-09-03

Total Pages: 1032

ISBN-13: 1543823416

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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

U.S. National Security Law
U.S. National Security Law

Author: H. L. Pohlman

Publisher: Rowman & Littlefield

Published: 2018-07-12

Total Pages: 353

ISBN-13: 1538104040

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The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.

National Security and Policy in America
National Security and Policy in America

Author: Wesley McCann

Publisher: Routledge

Published: 2019-11-28

Total Pages: 286

ISBN-13: 0429647220

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This book investigates the strategic use of America’s historical crime control, counterterrorism, national security and immigration policies as a mechanism in the modern-day Trump administration to restrict migration and refugee settlement with a view of promoting national security and preservation. National Security and Policy in America critically explores how American culture, neocolonial aspirations, and indifference towards others negatively impact long-term global security. This book examines immigration and security policies and their origins, purpose, impact, and evolution vis-à-vis the recently imposed ‘travel ban’ and proposed border wall across the Southern border, as well as how foreign policy influenced many of the migration flows that are often labeled as security risks. The book also seeks to understand why immigration has been falsely associated with crime, terrorism, and national insecurity, giving rise to counterproductive policies, despite evidence that immigrants face intolerance and turmoil due to the powerful distinctions between them and the native-born. This book uses an interdisciplinary framework in examining the U.S.’ current response to immigration and security and will thus appeal to undergraduate and graduate students of law, social justice, criminology, critical theory, neo-colonialism, security studies, policing, migration, and political science, as well as those interested in the practical questions of public administration.

National Security Law
National Security Law

Author: Stephen Dycus

Publisher: Aspen Publishers

Published: 2002

Total Pages: 1128

ISBN-13:

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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

In the Common Defense
In the Common Defense

Author: James E. Baker

Publisher: Cambridge University Press

Published: 2007-05-21

Total Pages: 405

ISBN-13: 113946518X

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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.

American National Security Policy
American National Security Policy

Author: John T. Fishel

Publisher: Rowman & Littlefield

Published: 2017-02-15

Total Pages: 284

ISBN-13: 1442248394

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Security policy is a key factor not only of domestic politics in the U.S., but also of foreign relations and global security. This text sets to explain the process of security policy making in the United States by looking at all the elements that shape it, from institutions and legislation to policymakers themselves and historical precedents. To understand national security policy, the book first needs to address the way national security policy makers see the world. It shows that they generally see it in realist terms where the state is a single rational actor pursuing its national interest. It then focuses on how legislative authorities enable and constrain these policy makers before looking at the organizational context in which policies are made and implemented. This means examining the legal authorities that govern how the system functions, such as the Constitution and the National Security Act of 1947, as well as the various governmental institutions whose capabilities either limit or allow execution, such as the CIA, NSA, etc. Next, the text analyzes the processes and products of national security policy making, such as reports, showing how they differ from administration to administration. Lastly, a series of case studies illustrate the challenges of implementing and developing policy. These span the post-Cold war period to the present, and include the Panama crisis, Somalia, the Balkans Haiti, the Iraq wars, and Afghanistan. By combining both the theory and process, this textbook reveals all aspects of the making of national security policy in United States from agenda setting to the successes and failures of implementation.

Sustainable Security
Sustainable Security

Author: Jeremi Suri

Publisher: Oxford University Press

Published: 2016

Total Pages: 433

ISBN-13: 0190611480

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How can the United States craft a sustainable national security strategy in a world of shifting threats, sharp resource constraints, and a changing balance of power? This volume brings together research on this question from political science, history, and political economy, aiming to inform both future scholarship and strategic decision-making.

Knowledge Regulation and National Security in Postwar America
Knowledge Regulation and National Security in Postwar America

Author: Mario Daniels

Publisher: University of Chicago Press

Published: 2022-04-25

Total Pages: 451

ISBN-13: 0226817539

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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.

The American War in Afghanistan
The American War in Afghanistan

Author: Carter Malkasian

Publisher: Oxford University Press

Published: 2021-06-15

Total Pages: 601

ISBN-13: 0197550797

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A New York Times Notable Book Winner of 2022 Lionel Gelber Prize The first authoritative history of American's longest war by one of the world's leading scholar-practitioners. The American war in Afghanistan, which began in 2001, is now the longest armed conflict in the nation's history. It is currently winding down, and American troops are likely to leave soon but only after a stay of nearly two decades. In The American War in Afghanistan, Carter Malkasian provides the first comprehensive history of the entire conflict. Malkasian is both a leading academic authority on the subject and an experienced practitioner, having spent nearly two years working in the Afghan countryside and going on to serve as the senior advisor to General Joseph Dunford, the US military commander in Afghanistan and later the chairman of the joint chiefs of staff. Drawing from a deep well of local knowledge, understanding of Pashto, and review of primary source documents, Malkasian moves through the war's multiple phases: the 2001 invasion and after; the light American footprint during the 2003 Iraq invasion; the resurgence of the Taliban in 2006, the Obama-era surge, and the various resets in strategy and force allocations that occurred from 2011 onward, culminating in the 2018-2020 peace talks. Malkasian lived through much of it, and draws from his own experiences to provide a unique vantage point on the war. Today, the Taliban is the most powerful faction, and sees victory as probable. The ultimate outcome after America leaves is inherently unpredictable given the multitude of actors there, but one thing is sure: the war did not go as America had hoped. Although the al-Qa'eda leader Osama bin Laden was killed and no major attack on the American homeland was carried out after 2001, the United States was unable to end the violence or hand off the war to the Afghan authorities, which could not survive without US military backing. The American War in Afghanistan explains why the war had such a disappointing outcome. Wise and all-encompassing, The American War in Afghanistan provides a truly vivid portrait of the conflict in all of its phases that will remain the authoritative account for years to come.

Whistleblowing Nation
Whistleblowing Nation

Author: Kaeten Mistry

Publisher: Columbia University Press

Published: 2020-03-31

Total Pages: 223

ISBN-13: 0231550685

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The twenty-first century witnessed a new age of whistleblowing in the United States. Disclosures by Chelsea Manning, Edward Snowden, and others have stoked heated public debates about the ethics of exposing institutional secrets, with roots in a longer history of state insiders revealing privileged information. Bringing together contributors from a range of disciplines to consider political, legal, and cultural dimensions, Whistleblowing Nation is a pathbreaking history of national security disclosures and state secrecy from World War I to the present. The contributors explore the complex politics, motives, and ideologies behind the revelation of state secrets that threaten the status quo, challenging reductive characterizations of whistleblowers as heroes or traitors. They examine the dynamics of state retaliation, political backlash, and civic contests over the legitimacy and significance of the exposure and the whistleblower. The volume considers the growing power of the executive branch and its consequences for First Amendment rights, the protection and prosecution of whistleblowers, and the rise of vast classification and censorship regimes within the national-security state. Featuring analyses from leading historians, literary scholars, legal experts, and political scientists, Whistleblowing Nation sheds new light on the tension of secrecy and transparency, security and civil liberties, and the politics of truth and falsehood.