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Foreign Relations And National Security Law

Author: Thomas M. Franck
Publisher: West Academic Publishing
ISBN: 9780314268310
Size: 12.46 MB
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This fully updated Fourth Edition of a seminal casebook contains classic cases from Foster v. Nielsen to Samantar v. Yousuf, penetrating commentary from The Federalist to Dean Harold Koh and Justice Antonin Scalia, and treatment of thought-provoking controversies, including intervention in Libya, Wikileak disclosures, the killing of Bin Laden, drone attacks on U.S. nationals, NSA wiretapping, and Guantnamo trials. Excerpts of treaties, statutes, and executive orders address the core doctrinal and theoretical issues of foreign relations law and national security law, providing ample room for professors to design a course based on those topics most suited for their classroom experience.

U S Foreign Relations Law

Author: Thomas M. Franck
Publisher: West Academic Publishing
ISBN: 9780314268334
Size: 15.15 MB
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This paperback, break-out edition, which focuses solely on foreign relations law, is derived from the popular and seminal casebook, Foreign Relations and National Security Law (4th ed. 2012). Full treatment is given to the nature and structure of the field, customary international law and treaties as sources of law in the United States, the power of the purse, federalism, and justiciability. Key issues concerning the war power are covered, but less than in the hardback edition. Issues relating to the investigation and prosecution of threats to national security, and the control of information relating to national security, are not addressed.

National Security And Double Government

Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0190668474
Size: 51.82 MB
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Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.

U S National Security Law

Author: Thomas M. Franck
Publisher: West Academic Publishing
ISBN: 9780314268341
Size: 22.67 MB
Format: PDF, ePub, Mobi
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This paperback, break-out edition, which focuses solely on national security law, is derived from the popular and seminal casebook, Foreign Relations and National Security Law (4th ed. 2012). Full treatment is given to the nature and structure of the field, the war power, the power of the purse, the investigation and prosecution of threats to national security, and the control of information relating to national security. Key issues concerning customary international law and treaties as sources of law in the United States are covered, but less than in the hardback edition. Issues relating to federalism are not addressed.

Aspen Student Treatise For National Security Law

Author: Geoffrey S. Corn
Publisher: Wolters Kluwer Law & Business
ISBN: 1454860944
Size: 34.64 MB
Format: PDF, Kindle
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This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. Key Features Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics. Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law. Complements a range of the most commonly addressed national security topics.

Congress The President And Foreign Policy

Author: American Bar Association. Standing Committee on Law and National Security
Publisher: Amer Bar Assn
ISBN:
Size: 56.13 MB
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This work provides the proceedings of a conference presenting various viewpoints on the role of the President and the Congress in the conduct of foreign policy.

National Security Law And The Power Of The Purse

Author: William C. Banks
Publisher: Oxford University Press on Demand
ISBN: 0195085388
Size: 28.33 MB
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The ideal model of national security decision-making, whereby the Legislative branch authorizes action to protect national security and the Executive branch takes it, has broken down due to the speed and unpredictability of foreign crises and the President's monopoly on foreign intelligence. In response, Congress has ceded the initiative to the President, and then utilized the power of the purse to ratify or restrict what the President has done. This power, by necessity and preference, has become the central congressional tool for participating in national security policy. Inevitably attacks on policy are transformed into attacks on the making and effects of appropriations. This study addresses the constitutional and statutory questions raised by these attacks. It thoroughly explores the history, mechanics, and scope of the power of the purse in national security, using Vietnam War appropriations and the Boland Amendments as case studies. William Banks and Peter Raven-Hansen provide a unique and provocative primer on the power of the purse in national security law.

U S National Security Law

Author: H. L. Pohlman
Publisher: Rowman & Littlefield
ISBN: 1538104040
Size: 43.25 MB
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This text examines U.S. national security policy making through the lens of international law. The chapters consist of selected excerpts of primary readings to address the question of whether Congress and the President should conform their laws, policies, and actions to the dictates of international law regardless of the nature of the threat.

Foreign Affairs Federalism

Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Size: 11.86 MB
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Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.