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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.
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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