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The materials surrounding each simulation are designed to illuminate all sides of the matter at issue. In this way, students are challenged to do what lawyers actually do in a foreign-relations field, including the planning, preparation, and analysis of alternative strategic options, the conduct of negotiations, legislative drafting, and litigation.
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.
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
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.
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
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.
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.
Using case law as well as policy documents and key legislation, this book covers a diverse range of legal issues, including constitutional framework, criminal procedure, interrogation and surveillance involving both domestic and involving foreign intelligence subjects, protection and litigation of state secrets and classified information, war powers, civil rights, targeted killings, military justice, international law, detainees, and much more. Designed with the undergraduate student in mind, the text can be used in criminal justice, security studies, and government policy concentrations.
This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.