Articles

Detaining Combatants by Law or by Order? The Rule of Lawmaking in the War on Terrorists

I. The Making Of The Military Order And Its Progeny A. The November 13, 2001, Order B. The Procedures for Implementing the November 13, 2001, Order C. The "Order" for Military Detention of Hamdi and Padilla D. Designating United States Citizens as Enemy Combatants II. How The Rules Would Have Been Made Under The Apa III. But The Apa Does Not Apply And This Is War A. The APA Does Not Apply . . . (But Its Rules of Lawmaking Should) B. But This Is War . . . (Exactly!)

FOIA and Fighting Terror: The Elusive Nexus Between Public Access and Terrorist Attack

I. Introduction II. Background Of Statutory Disclosure Systems III. Transformative Effects Of The Internet IV. Costs And Benefits V. Congress Led The Retreat VI. Preempting State Disclosures VII. Delegating The Shield Power VIII. Implementing The Will Of Congress IX. Congress Also Serves "Sushi" X. The Administration Also Shrinks Data Flows XI. The Courts Also Retreat Into Deferential Acceptance XII. Farming Out The Secrets To Evade Foia Disclosure XIII. Public Health Information Impacted By ...

The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response

I. The Legal Environment For Military Involvement In Domestic Terrorism On September 10, 2001 A. From Technical and Informational Assistance to Direct Law Enforcement B. The Stafford Act C. The Insurrection Act D. Weapons of Mass Destruction (WMD) Authorities II. Normalization After September 11 A. Future Planning for a Military Role in Law Enforcement in Homeland Defense: The Smallpox Scenario Revisited B. Impact of New Structures, Policies, and Laws C. Controlling People: The Military Role ...

The Role of Military Intelligence in Homeland Security

I. Introduction II. The Domestic Use Of Military Intelligence: A Very Concise History A. The Military in American Society: A Cautious Embrace B. Domestic Use of Military Intelligence from the Founding to the Modern Era C. Keeping an Eye on Things During the Cold War III. Executive And Congressional Responses To The "Worst Intrusion" A. Legislative Limits on Domestic Intelligence Collection B. Executive Measures to Guide Domestic Intelligence Collection C. The Posse Comitatus Act as a Backgrou...

The Smallpox Vaccination Campaign of 2003: Why Did It Fail and What Are the Lessons for Bioterrorism Preparedness?

I. Introduction II. What Were The Core Problems With The Smallpox Vaccination Plan? III. Smallpox As A Bioterrorism Agent IV. The History Of Smallpox Vaccinations V. Contemporary Smallpox Vaccine VI. Vaccine Complications VII. Legal Liability For Vaccine Complications VIII. Furloughing Employees IX. The Homeland Security Act Provisions For Legal Immunity X. Non-Participating Hospitals XI. Is Worker's Comp Covered By The Act? XII. Protections For Secondary Spread XIII. Black-Market Vaccine XIV...

Too Strange to be Just Fiction: Legal Lessons from a Bioterrorist Simulation, the Case of TOPOFF 2

The Exercise General Legal Considerations Observations From The Exercise Broad Legal Observations Concluding Thoughts