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A War Like No Other

Author: Owen M. Fiss
Publisher: The New Press
ISBN: 162097097X
Size: 26.95 MB
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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.

Not A Suicide Pact

Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Size: 39.41 MB
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A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.

War By Other Means

Author: John Yoo
Publisher: Open Road + Grove/Atlantic
ISBN: 9781555847630
Size: 20.42 MB
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The key legal architect of the Bush administration’s response to 9/11 delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, John Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly

In The Shadow Of Korematsu

Author: Eric K. Yamamoto
Publisher: Oxford University Press
ISBN: 0190878967
Size: 18.79 MB
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The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

Long Wars And The Constitution

Author: Stephen M. Griffin
Publisher: Harvard University Press
ISBN: 0674074459
Size: 23.48 MB
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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Terror And Consent

Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Size: 42.33 MB
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The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.

Perilous Times

Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Size: 34.93 MB
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An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

The Reluctant Spy

Author: John Kiriakou
Publisher: Bantam
ISBN: 0553907336
Size: 58.47 MB
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Long before the waterboarding controversy exploded in the media, one CIA agent had already gone public. In a groundbreaking 2007 interview with ABC News, John Kiriakou called waterboarding torture—but admitted that it probably worked. This book, at once a confessional, an adventure story, and a chronicle of Kiriakou’s life in the CIA, stands as an important, eloquent piece of testimony from a committed American patriot. In February 2002 Kiriakou was the head of counterterrorism in Pakistan. Under his command, in a spectacular raid coordinated with Pakistani agents and the CIA’s best intelligence analyst, Kiriakou’s field officers took down the infamous terrorist Abu Zubaydah. For days, Kiriakou became the wounded terrorist’s personal “bodyguard.” In circumstances stranger than fiction, as al-Qaeda agents scoured the streets for their captured leader, the best trauma surgeon in America was flown to Pakistan to make sure that Zubaydah did not die. In The Reluctant Spy, Kiriakou takes us into the fight against an enemy fueled by fanaticism. He chillingly describes what it was like inside the CIA headquarters on the morning of 9/11, the agency leaders who stepped up and those who protected their careers. And in what may be the book’s most shocking revelation, he describes how the White House made plans to invade Iraq a full year before the CIA knew about it—or could attempt to stop it. Chronicling both mind-boggling mistakes and heroic acts of individual courage, The Reluctant Spy is essential reading for anyone who wishes to understand the inner workings of the U.S. intelligence apparatus, the truth behind the torture debate, and the incredible dedication of ordinary men and women doing one of the most extraordinary jobs on earth. From the Hardcover edition.

Confronting Terror

Author: Dean Reuter
Publisher: Encounter Books
ISBN: 1594035636
Size: 59.34 MB
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After the September 11, 2001 attacks the United States went to war. With thousands of Americans killed, billions of dollars in damage, and aggressive military and security measures in response, we are still living with the war a decade later. A change of presidential administration has not dulled controversy over the most fundamental objectives, strategies and tactics of the war, or whether it is even a war. This book clears the air over the meaning of 9/11, and sets the stage for a reasoned, clear, and considered discussion of the future with a collection of essays commemorating the 10th anniversary of the attacks. The contributors include supporters and critics of the war on terrorism, policymakers and commentators, insiders and outsiders, and some of the leading voices inside and outside government.

Before The Next Attack

Author: Bruce A. Ackerman
Publisher: Yale University Press
ISBN: 9780300122664
Size: 31.77 MB
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Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.