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National Security Law, Eighth Edition

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Authors
  • Stephen Dycus
  • William C. Banks
  • Emily Berman
  • Peter Raven-Hansen
  • Stephen I. Vladeck
Series / Aspen Casebook Series
BOOKMARK
Book length
1344 pages
Publication Date
2024-06-26
Edition
Eighth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

For more than 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 Eighth 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 this country 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.

The Eighth Edition also addresses dramatic new security threats from without and within.

New to the Eighth Edition:
  • The COVID pandemic and its national security implications;
  • Efforts to subvert the results of the 2020 presidential election, culminating in the January 6, 2021 attack on the U.S. Capitol, including the criminal liability of participants, and the possible criminal liability, immunity, and disqualification of former President Trump;
  • Russia’s war of aggression in Ukraine;
  • Espionage Act prosecution of former President Trump in the Mar-a-Lago documents case;
  • The October 7, 2023 attacks on Israel by Hamas fighters based in the Gaza Strip;
  • Climate change and its growing threat to world security.

 
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Detailed Table of Contents Download (PDF)

SUMMARY OF CONTENTS
Contents    
Preface    
Acknowledgments    
Editors’ Note    

Chapter 1.    Introduction    

PART I. FRAMEWORK    
Chapter 2.    Providing for the “Common Defence”: The Original Understanding    
Chapter 3.    The President’s National Security Powers    
Chapter 4.    Congress’s National Security Powers    
Chapter 5.    The Courts’ National Security Powers    

PART II. INTERNATIONAL LAW AND “OUR LAW”    
Chapter 6.    The Domestic Effect of International Law    
Chapter 7.    The Extraterritorial Reach of U.S. Law    
Chapter 8.    The Right to Wage War (jus ad bellum)    
Chapter 9.    International Humanitarian Law (jus in bello)    

PART III. USING FORCE ABROAD    
Chapter 10.    Collective Use of Force    
Chapter 11.    Unilateral Use of Force    
Chapter 12.    Targeted Killing    
Chapter 13.    Cyber Operations    
Chapter 14.    Nuclear War    
Chapter 15.    Peace and Humanitarian Operations    

PART IV. INTELLIGENCE OPERATIONS AND COLLECTION    
Chapter 16.    Introducing Intelligence    
Chapter 17.    The Intelligence Community: Organization and Authority    
Chapter 18.    Covert Operations    
Chapter 19.    The Fourth Amendment and National Security    
Chapter 20.    Congressional Authority for Foreign Intelligence Surveillance    
Chapter 21.    Programmatic Electronic Surveillance for Foreign Intelligence    
Chapter 22.    The Third-Party Doctrine    
Chapter 23.    Screening for Security    
Chapter 24.    Profiling and Travel Bans    

PART V. NATIONAL SECURITY DETENTION AND INTERROGATION    
Chapter 25.    Habeas Corpus and the Suspension Clause    
Chapter 26.    Military Detention    
Chapter 27.    Preventive Detention    
Chapter 28.    Interrogating National Security Detainees    

PART VI. PROSECUTING THREATS TO NATIONAL SECURITY    
Chapter 29.    International Terrorism and Related Crimes    
Chapter 30.    Domestic National Security Crimes and Domestic Terrorism    
Chapter 31.    National Security Prosecutions    

PART VII. HOMELAND SECURITY    
Chapter 32.    Responding to Domestic Emergencies    
Chapter 33.    The Military’s Domestic Role    

PART VIII. OBTAINING AND PROTECTING NATIONAL SECURITY INFORMATION    
Chapter 34.    Safeguarding National Security Information    
Chapter 35.    Access to National Security Information    
Chapter 36.    Censorship    

Appendix — Constitution of the United States    
Table of Cases    
Index    

 
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Preface Download (PDF)
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About the authors
Stephen Dycus

Professor Stephen Dycus is an internationally recognized authority on national security law and environmental law. The courses he has taught at Vermont Law School include Public International Law, National Security Law, Estates, Property, and Water Law. He was the founding chair of the National Security Law Section, Association of American Law Schools. Professor Dycus is the lead author of National Security Law (the field's leading casebook) and Counterterrorism Law, and he was the founding co-editor-in-chief of the Journal of National Security Law & Policy.

Professor Dycus earned his BA degree in 1963 and his LLB degree in 1965 from Southern Methodist University. He served as a bank trust officer in Texas, and then as assistant dean at Southern Methodist University Law School. He earned his LLM degree in 1976 from Harvard University. He has been a faculty member at Vermont Law School since 1976. Professor Dycus was a visiting scholar at the University of California at Berkeley’s Boalt Hall School of Law in 1983-84 and at the Natural Resources Defense Council in Washington, DC, in 1991. He was a visiting professor at the United States Military Academy at West Point from 1991 to 1992 and at Petrozavodsk State University in Karelia, Russia, in 1997. Professor Dycus served on the Vermont Water Resources Board for four years, was a consultant to the Department of Energy on the cleanup of the nuclear weapons complex, and was a member of a National Academies committee on cyber warfare. He is a member of the American Law Institute.

William C. Banks

Professor William C. Banks is an internationally recognized authority in national security law, counterterrorism, and constitutional law. Banks has helped set the parameters for the emerging field of national security law since 1987, co-authoring two leading texts in the field: National Security Law and Counterterrorism Law. In 2008, Banks was named the College of Law Board of Advisors Distinguished Professor at Syracuse University, where he has been a member of the faculty for more than 30 years. National Security Law was first published in 1990 and is now in its fifth edition. Banks and his co-authors published Counterterrorism Law in 2007 to help define the emerging field of counterterrorism law, and the second edition was published in 2012.

Banks is also the author of numerous other books, book chapters, and articles, including Constitutional Law: Structure and Rights in Our Federal System (6th ed. 2011); Combating Terrorism (with Mitchel Wallerstein and Renee de Nevers); New Battlefields, Old Laws: Critical Debates from the Hague to Convention to Asymmetric Warfare; Legal Sanctuaries and Predator Strikes in the War on Terror; Programmatic Surveillance and FISA – Of Needles in Haystacks; and Providing "Supplemental Security" – The Insurrection Act and the Military Role in Responding to Domestic Crises.

A graduate of the University of Nebraska (B.A. 1971) and the University of Denver (J.D. 1974, M.S. Law & Society 1982), Banks joined the faculty of the Syracuse University College of Law in 1978. Since 1998, he also has been a Professor of Public Administration in SU’s Maxwell School of Citizenship and Public Affairs. He was named the Laura J. and L. Douglas Meredith Professor for Teaching Excellence in 1998, a College of Law Board of Advisors Professor in 2005, and he became the founding director of the Institute for National Security and Counterterrorism at Syracuse University in 2003. He is also the Editor-in-Chief of the Journal of National Security Law & Policy (JNSLP).

Peter Raven-Hansen
Professor of Law, Glen Earl Weston Research Professor of Law
George Washington University

Professor Raven-Hansen is Glen Earl Weston Research Professor of Law Emeritus at George Washington University Law School. There he teaches national security law, counterterrorism law, civil procedure, and evidence, where he co-directs the National Security and U.S. Foreign Relations Law LL.M. program. He is a co-author of National Security Law and Counterterrorism Law, as well as the monographs, National Security Law and the Power of the Purse and First Use of Nuclear Weapons, and various articles on national security law. He appears frequently as a speaker and panelist on issues of war powers, military detention, military commissions, intelligence operations, counterterrorism, security enforcement, and national security and civil liberties.

Professor Raven-Hansen also is co-author of the widely adopted casebook, Civil Procedure: A Coursebook, and the student hornbook, Understanding Civil Procedure. Before joining the Law School faculty in 1980, Professor Raven-Hansen was in private practice with the firm of Hogan & Hartson in Washington, D.C., and worked as a senior economic analyst with Abt Associates, Inc., in Cambridge, Massachusetts. He currently assists in civil litigation under the Antiterrorism Act and has appeared in a variety of U.S. and international forums as an expert witness on national security and related civil procedure issues.

Stephen Vladeck

Stephen I. Vladeck is a Professor of Law at American University Washington College of Law (and, as of August 2016, at the University of Texas School of Law). His teaching and research focus on federal jurisdiction, constitutional law, and national security law. A nationally recognized expert on the role of the federal courts in the war on terrorism, Vladeck’s prolific and widely cited scholarship has appeared in an array of legal publications—including the Harvard Law Review and the Yale Law Journal—and his popular writing has been published in forums ranging from the New York Times to BuzzFeed.

Professor Vladeck has won numerous awards for his teaching, his scholarship, and his service to the legal profession. He is an elected member of the American Law Institute, a senior editor of the peer-reviewed Journal of National Security Law and Policy, co-editor-in-chief of the Just Security blog, a senior contributor to the Lawfare blog, the Supreme Court Fellow at the Constitution Project, and a fellow at the Center on National Security at Fordham University School of Law. A 2004 graduate of Yale Law School, Vladeck clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit, and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.
Product Information
Edition
Eighth Edition
Publication date
2024-06-26
Copyright Year
2024
Pages
1344
Connected eBook + Hardcover
9798889062905
Connected eBook (Digital Only)
9798889062929
Subject
National Security and Armed Conflict
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