Introduction to National Security Law

Symposium

Comparative Perspectives on the Detention of Terrorist Suspects

I. Introduction. II. The Regimes for Detaining Terrorist Suspects Post 9/11. A. The United States. 1. The Creation of a Legal Vacuum. 2. The 2004 Supreme Court Cases. a) Hamdi. b) Padilla. c) Rasul. 3. Aftermath of the 2004 Cases. 4. After Hamdan. B. The United Kingdom. 1. Indefinite Detention Under the Anti-terrorism, Crime and Security Act 2001 (ATSCA). 2. The Aftermath of A v. Secretary of State. C. Canada. D. New Zealand. III. Differences in the Regimes for the Detention of Terrorist Susp...

Congress, the Commander-in-Chief, and the Separation of Powers After Hamdan

I.Introduction. II. "Disabling": From Little v. Barreme to Youngstown. A. Little and the Quasi-War. B. Brown and the War of 1812. C. Youngstown on Marshall's View: Justice Burton and Justice Clark. D. Youngstown on Jackson's View. E. Dames & Moore, Campbell v. Clinton, and the Separation of Powers Before September 11. III. "Anti-disabling": The Commander-in-chief Override. A. The Debut of the Commander-in-Chief Override: Hamdi and Padilla. B. The Commander-in-Chief Override Defended: The NSA ...

Dual Citizenship Laws of Ukraine in Historical and International Contexts

I. Introduction. II. Background on Citizenship and Nationality: An Introduction to Dual Citizenship Laws. A. Obtaining Citizenship. B. Loss of Citizenship. C. Defining Dual Citizenship. III. Dual Citizenship in and Around the World. A. World Trends in Dual Citizenship Laws. B. Dual Citizenship and International Law. C. The Dual Citizenship Debate. 1. Reasons for Opposition to Dual Citizenship Laws. 2. Reasons in Support of Dual Citizenship Laws. IV. An Analysis of the Citizenship Laws of Ukra...

Egypts Interpretive Incorporation of Human Rights: The Supreme Constitutional Courts Use of International Sources and Prospects for Its Article 2 Analysis

I. Introduction. II. Comparative Review of Domestic Judicial Treaty Incorporation. III. The Egyptian Political Field. A. Islamic Fundamentalism in Egyptian Politics. B. Mubarak's Containment Strategy. C. The Political Role of the Supreme Constitutional Court. IV. Interpretive Incorporation. A. Conventions Used to Supplement, Refine, and Interpret Constitutional Provisions. 1. The Army Officer Case. 2. The Use of International Sources in Subsequent Opinions. B. Article 2 of the Egyptian Consti...

Export Processing Zones and Free Trade Agreements: Lessons from the North American Agreement on Labor Cooperation

I. Introduction. II. Theory and History of Export Processing Zones (EPZS). A. Theory and Purposes of EPZs. B. The Central American Experience with EPZs. C. Labor Problems in EPZs. III. The Legal Frameworks of the North American Agreement on Labor Cooperation and the Dominican Republic-Central America-United States Free Trade Agreement. A. The North American Agreement on Labor Cooperation. 1. The NAALC Labor Principles. 2. Administrative Structure of the NAALC. 3. Enforcing the NAALC Principle...

Proliferation Security Initiative: The Legacy of Operacion Socotora

I. The Challenge of Combating Global WMD Terrorism. II. The Genesis and Tenets of PSI. A. The So San Interdiction. B. The Tenets of PSI. III. PSI Activities: A Framework for Coordinating and Leveraging. IV. Existing Law and Frameworks: The Underpinnings of PSI. A. Peacetime Regime. B. National Legal Authorities. C. International Law. D. International Frameworks. V. PSI: An Intermodal Analysis A. Ground Interdictions. B. Maritime Interdictions. C. Air Interdictions. VI. Conclusions: Strengthen...

Punish or Surveil

I. Past Practices and Present Options. A. Jurisdiction to Punish. 1. Courts-Martial. 2. Civilian Courts. 3. Military Commissions. a) Pre-Hamdan. b) Hamdan and Its Aftermath. B. Fairness Constraints on Punishment. 1. Independence and Impartiality. a) Civilian Courts. b) Courts-Martial. c) Military Commissions. (1) Pre-Hamdan. (2) Hamdan and Its Aftermath. 2. Rights of the Accused. a) Civilian Courts. b) Courts-Martial. c) Military Commissions. (1) Pre-Hamdan. (2) Hamdan and Its Aftermath. II. ...

Structural Objections to the Inherent Commander-in-Chief Power Thesis

I. Introduction. II. The Meaning of the Commander-in-chief Clause. A. The Conventional View that Congress Authorizes the President. B. The Inherent Commander-in-Chief Powers Thesis. 1. Theoretical Justification. 2. Criticisms. III. Structural Objections to the Inherent Powers Thesis. A. Quick Military Strikes. 1. The Iran Hostage Rescue Mission. 2. Preemptive Nuclear Strikes. 3. The Problem with Unilateral Quick Military Strikes. B. Secret Executive Branch Actions. 1. Iran-Contra. 2. National...