Legal Issues

Contents of this folder relate to legal issues surrounding specific measures enacted for purposes of homeland security, such as interrogation of detainees. Contents also relate to established broad concepts and issues, such as privacy, that may be affected by homeland security measures.

Laws

 

Privacy

 

Security and Export Controls

 

9/11 Commission Findings: Sufficiency of Time, Attention, and Legal Authority

 

9/11 + 3/11 + 7/7 = ?: What Counts in Counterterrorism

 

The Anti-Money Laundering Provisions of the Patriot Act: Should They Be Allowed to Sunset?

 

Balancing Civil Liberties and Homeland Security: Does the USA PATRIOT Act Avoid Justice Robert H. Jackson’s ‘Suicide Pact’?

 

Boalt Hall Law Library’s Disasters and the Law: Katrina and Beyond

 

CATO Handbook for Congress, Chapter 19: The Patriot Act

 

Citizenship in a Time of Repression

 

Challenging the Legality of Section 106 of the USA PATRIOT Act

 

Comparative Legal Approaches to Homeland Security and Anti-Terrorism

 

Constitution Anchors President’s Spy Order

 

Constitutional Regulation of National Security Investigation: Minimizing the Use of Unrelated Evidence

 

CRS Report for Congress: Mandatory Vaccinations: Precedent and Current Laws

 

CRS Report for Congress: Treatment of “Battlefield Detainees” in the War on Terrorism

 

Court backs Bush, rules Gitmo inmates can’t challenge detention

 

The Deemed Export Rule in the Era of Globalization

 

Defining Terrorism: The Evolution of Terrorism as a Legal Concept in International Law and its Influence on Definitions in Domestic Legislation

 

Disaster Law and the Legal Academy: Curriculum, Research and Law Reform

 

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

 

A Failure to Govern

 

The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues

 

The Geneva Conventions and the Rules of War in the Post-9/11 and Iraq World: Seeking Synchronicity: Thoughts on the Role of Domestic Law Enforcement in Counterterrorism

 

Government Access to Phone Calling Activity and Related Records: Legal Authorities

 

Hamdan v. Rumsfeld: Military Commissions in the “Global War on Terrorism”

 

Limitation of Authority to Deputize DOD Uniformed Law Enforcement Personnel by State and Local Governments

 

The Judiciary Strikes Back

 

Inward v. Outward: The Limits of Presidential War Powers in the Domestic Sphere

 

Mayfield v. United States of America

 

Federal Liability for Hurricane Katrina-Related Flood Damage

 

More Questions than Answers: The Indeterminacy Surrounding Enemy Combatants Following Hamdi v. Rumsfeld

 

The New Law of Intelligence: The Foreign Intelligence Surveillance Act: The Rise and Fall of the FISA Wall

 

Operation Iraqi Freedom and Detainee Issues: Major Votes from the 110th Congress

 

Oversight of Intelligence: Federalism and Antiterrorism Investigations

 

Piercing the “Historical Mists”: The People and Events Behind the Passage of FISA and the Creation of the “Wall”

 

Preaching Terror: Free Speech or Wartime Incitement?

 

Recent Development: The NSA Terrorist Surveillance Program

 

Remarks by the Secretary of Homeland Security Michael Chertoff at the Federalist Society's Annual Lawyers Convention

 

Renditions: Constraints Imposed by Laws on Torture

 

A Review of the FBI’s Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006

 

Satellite Surveillance: Domestic Issues

 

Suits Against Terrorist States by Victims of Terrorism

 

Terrorism, Material Support, The Inherent Right to Self-Defense, and the U.S. Obligation to Protect Legitimate Asylum Seekers in a Post-9/11, Post-Patriot Act, Post-Real ID Act World

 

Terrorist Trial: Report Card: US Edition

 

Thou Shalt Not Speak: The Nondisclosure Provisions of the National Security Letter Statutes and the First Amendment Challenge

 

Undisclosed U.S. Detention Sites Overseas: Background and Legal Issues

 

United States Court of Appeals For the Fourth Circuit: No. 06-7457: Ali Saleh Kahlah Al-Marri

 

The USA Patriot Act and Civil Liberties (Part II)

 

Your Every Move

 

Boumediene v. Bush: Guantanamo Detainees’ Rights to Habeas Corpus

 

Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110–53