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Aspen Treatise For National Security Law

Author: Geoffrey S. Corn
Publisher: Aspen Publishers
ISBN: 1543802788
Size: 46.33 MB
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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.

National Security Law And The Power Of The Purse

Author: William C. Banks
Publisher: Oxford University Press on Demand
ISBN: 0195085388
Size: 40.89 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.

National Security And Double Government

Author: Michael J. Glennon
Publisher: Oxford University Press, USA
ISBN: 0190206446
Size: 56.15 MB
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Why has U.S. national security policy scarcely changed from the Bush to the Obama administration? And why does it matter? The theory of 'double government' posed by the 19th century English scholar Walter Bagehot suggests a disquieting answer. The public is encouraged to believe that the presidency, Congress, and the courts make security policy. That belief sustains these institutions' legitimacy. Yet their authority is largely illusory. National security policy is made, instead, by a 'Trumanite network' of several hundred members that is largely concealed from public view.

Foreign Affairs Federalism

Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 019049980X
Size: 27.32 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.

National Security Law

Author: Stephen Dycus
Publisher: Aspen Publishers
ISBN: 9780735551688
Size: 65.63 MB
Format: PDF
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This well-timed 2004 Case Supplement complements and updates National Security Law, Third Edition, with the addition of major new cases from the 2003-2004 U.S. Supreme Court term. Significant cases and issues include: Hamdi v. Rumsfeld & Rumsfeld v. Padilla - the authority of the government to hold American citizens as enemy combatants (decision expected in June) Humanitarian Law Project v. Reno - First Amendment limits on regulation of contributions to terrorist organizations United States v. Alvarez-Machain - 1990 kidnapping by U.S. Agents in Mexico; this case reviews questions about the roles of Congress and the courts, and about the application of international law as it refers to the nations security United States v. Moussaoui - aspects of the case of the twentieth 9/11 hijacker - were addressed in a Fourth Circuit decision handed down in April 2004 and will be addressed in the new supplement Homeland Security Act - new documents regarding the act's organization and describing its work will be included 9/11 Independent Commission - critically important questions about executive privilege, sharing information between and within the intelligence and law enforcement communities, and reorganization of the intelligence community

U S National Security Law

Author: H. L. Pohlman
Publisher: Rowman & Littlefield
ISBN: 1538104040
Size: 31.84 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.

Islamic Law And International Human Rights Law

Author: Anver M. Emon
Publisher: OUP Oxford
ISBN: 0191645699
Size: 28.34 MB
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The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.