National Security Advisors
National Security Advisors is written by junior scholars specializing in national security law who share a belief in commitments to reasoned analysis and debate. The goal of the blog is create a blog that presents a diverse set of views about national security law matters where arguments can be made and rebutted in a collegial and informative atmosphere. The authors of the blog are Bobby Chesney, Associate Professor of Law at Wake Forest University School of Law; Steve Vladeck, Associate Professor of Law at the University of Miami; and Tung Yin, Associate Professor of Law at the University of Iowa.
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Recent Articles
Call for Papers: 2nd Annual National Security Law Jr. Faculty Workshop
The 2nd Annual National Security Law Junior Faculty Workshop will be held in Austin on March 12 and 13, 2008. The Call for Papers, with all the details, is posted here. A quick word about this event. We did it...The 2nd Annual National Security Law Junior Faculty Workshop will be held in Austin on...
The Second Circuit addresses National Security Letters, touching along the way on deference to the executive branch
A very interesting decision today by the 2nd Circuit in the long-running litigation involving the FBI’s ability to issue “national security letters” to communication service providers and to direct recipients of such letters not to go public with that information....A very interesting decision today...
Will Al Marri be transferred to civilian custody (for prosecution) before the Supreme Court can rule on the merits? How if at all would the Obama administration defend the detention?
As you probably know by now, the Supreme Court has just granted cert in Al-Marri v. Pucciarelli (08-368), the case involving the sole person currently detained in the U.S. as an enemy combatant (Al-Marri is a non citizen who was...As you probably know by now, the Supreme Court has just granted cert...
Was Judge Leon’s earlier ruling on the scope of the government’s detention authority a narrowing construction?
Over at Georgetown's terrific new blog Security Law Brief, co-blogger and buddy Steve Vladeck has posted some very interesting thoughts regarding Judge Leon's recent decision to order the release of 5 out 6 GTMO detainees whose habeas petitions had come...Over at Georgetown's terrific new blog...
Judge Leon’s written opinion: insufficient evidence to warrant detention of five detainees, but sufficient evidence to hold one detainee linked both to al Qaeda and to (unrealized) plans to fight in Afghanistan
* Judge Leon's written opinion in Boumediene v. Bush (D.D.C. Nov. 20, 2008) https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv1166-276 Here is a brief overview of the opinion: Judge Leon framed the question as follows, citing the Case Management Order he previously had issued: had the...*...
Restoring the Balance Between Security and Justice, a Response
The following article is posted from the JURIST-Forum, "A National Security Court: Restoring the Balance Between Security and Justice." Although I very much enjoyed reading Professor Leila Nadya Sadat's recent JURIST Forum op-ed Restoring America's Rights Record, I respectfully disagree...The...
Military Commissions and National Security Courts after Guantanamo
View my essay, Military Commissions and National Security Courts after Guantanamo, Northwestern Law Review, Colloquy, 2008, written in response to Gregory S. McNeal's article, Beyond Guantanamo, Obstacles and Options. Abstract: In the aftermath of 9/11, definitional uncertainty as to the...View my...
Anticipatory Self-Defense Key to Terror Fight
View an op-ed I co-wrote with Dan Barr of Perkins Coie Brown & Bain published Nov. 8 in the Arizona Republic, "Anticipatory Self-Defense Key to Terror Fight." In applying "lessons learned" from previous examples of anticipatory self-defense, we recommend that...View an op-ed I co-wrote with Dan...
Forthcoming scholarship: Profiling, Prevention, Insurgents, Terrorism Financing, Technology and More
The latest from SSRN… "Terrorism and Profiling: Shifting the Focus from Criteria to Effects" Cardozo Law Review, Vol. 29, No. 1-9, 2007 DAPHNE BARAK-EREZ, Tel Aviv University - Buchmann Faculty of LawEmail: barakerz@post.tau.ac.il The article evaluates the proposal made by...The latest from S...
Forthcoming scholarship: Sealing on FSIA and Due Process; Reich on SCR 1267 and Due Process; Michaels on Private Sector Checks on the Intelligence Community
State Sponsors of Terrorism are Entitled to Due Process Too: The Amended Foreign Sovereign Immunities Act is Unconstitutional Keith Sealing (University of Louisville Brandeis School of Law) In 1996, Congress, as part of the Antiterrorism and Effective Death Penalty Act...State Sponsors of Terrorism...
