For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us safe and free. Like earlier editions, the new book deals with basic separation-of-powers principles, the interaction of U.S. and international law, the use of military force, intelligence, detention, criminal prosecution, homeland security, and national security information — more than enough to provide teachers with a rich menu of readings for classes. New to the Seventh Edition: Latest developments on U.S. military involvement in Syria and Iran President Trump’s Border Wall and appropriations power Carpenter v. U.S. and recent FISA developments and FISC decisions Trump travel ban “Defending forward” in cyberspace New chapter on nuclear war Professors and students will benefit from: Carefully curated and edited original materials Extensive notes and questions to fill in the blanks Read-ins and chapter summaries to provide perspective Frequent references to historical and political context
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. A new fourth edition of Counterterrorism Law is on its way and will be available for review in late spring, in plenty of time for fall course adoptions. Recent judicial rulings, legislative initiatives, and executive reforms are prominently featured. They help refine our understanding of relevant government structures, processes, and institutions, and they raise critically important new questions. They also address new threats and breathtaking advances in technology. New to the Fourth Edition: The election of President Donald Trump has brought dramatic changes in executive branch decision making, too. These developments are reflected here, as well, including some that became available just days before the new book went to press. Professors and students will benefit from: This study of counterterrorism law is both comprehensive and self-contained. As in prior editions, we have organized the materials in this book into functional categories in order to facilitate study and to help put new developments in the field into perspective. This is not a “how-to-do-it” course, however.
When crisis requires American troops to deploy on American soil, the country depends on a rich and evolving body of law to establish clear lines of authority, safeguard civil liberties, and protect its democratic institutions and traditions. Since the attacks of 9/11, the governing law has changed rapidly even as domestic threats—from terror attacks, extreme weather, and pandemics—mount. Soldiers on the Home Front is the first book to systematically analyze the domestic role of the military as it is shaped by law, surveying America’s history of judicial decisions, constitutional provisions, statutes, regulations, military orders, and martial law to ask what we must learn and do before the next crisis. America’s military is uniquely able to save lives and restore order in situations that overwhelm civilian institutions. Yet the U.S. military has also been called in for more coercive duties at home: breaking strikes, quelling riots, and enforcing federal laws in the face of state resistance. It has spied on and overseen the imprisonment of American citizens during wars, Red scares, and other emergencies. And while the fears of the Republic’s founders that a strong army could undermine democracy have not been realized, history is replete with reasons for concern. At a time when the military’s domestic footprint is expanding, Banks and Dycus offer a thorough analysis of the relevant law and history to challenge all the stakeholders—within and outside the military—to critically assess the past in order to establish best practices for the crises to come.
An instant New York Times bestseller: An acclaimed legal scholar’s “important” (New York Times) and “fascinating” (Economist) exposé of how the Supreme Court uses unsigned and unexplained orders to change the law behind closed doors. The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. The Court’s conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light.
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