Add to ORKGIn thinking about what I might say on the topic of civil liberties after 9/11, an idea that occurred to me was to give a snapshot of the Supreme Court\u27s role in the perceived tug-of-war between national security and individual rights, arising out of the war on terror. How has the Court responded to the government\u27s positions? And in what ways has it attempted to strike the proper balance under the Constitution? The Supreme Court decisions are long and, at points, exceedingly technical. But I think there are a couple of themes we can pull out, and in doing so, frame a discussion about how best to manage this apparent tension between government\u27s duty to make this country safe on the one hand, and its obligation to keep it as free ...
This Note will argue that federal courts need to be more “disciplined” in their deference determinat...
none3The dialogue focuses on the major issues of the contemporary theoretical debate on judicial rev...
This article examines the accepted axiom that courts should defer to the government\u27s actions dur...
In thinking about what I might say on the topic of civil liberties after 9/11, an idea that occurred...
On July 28, 2004, the Supreme Court of the United States decided three cases at the center of the co...
none3siThe dialogue focuses on the major issues of the contemporary theoretical debate on judicial r...
The Bush and Obama administrations have pursued a military campaign during the War on Terror in whic...
Benjamin Franklin, one of America’s founding fathers, was said to have remarked that anyone who woul...
Does the U.S. Supreme Court curtail rights and liberties when the nation’s security is under threat?...
Concerns over the proper separation of powers-the delicate interplay between the roles and responsib...
Following the atrocities of September 11, 2001, the United States has activated a highly focused and...
As the dust of the Bush administration’s war on terror settles, casualties are starting to appear on...
This article contends that the underlying normative assumptions of civil libertarians and national s...
This article argues that the Supreme Court should reconsider its prudential justiciability doctrines...
How should we judge judicial review from the standpoint of protecting the constitutional rights and ...
This Note will argue that federal courts need to be more “disciplined” in their deference determinat...
none3The dialogue focuses on the major issues of the contemporary theoretical debate on judicial rev...
This article examines the accepted axiom that courts should defer to the government\u27s actions dur...
In thinking about what I might say on the topic of civil liberties after 9/11, an idea that occurred...
On July 28, 2004, the Supreme Court of the United States decided three cases at the center of the co...
none3siThe dialogue focuses on the major issues of the contemporary theoretical debate on judicial r...
The Bush and Obama administrations have pursued a military campaign during the War on Terror in whic...
Benjamin Franklin, one of America’s founding fathers, was said to have remarked that anyone who woul...
Does the U.S. Supreme Court curtail rights and liberties when the nation’s security is under threat?...
Concerns over the proper separation of powers-the delicate interplay between the roles and responsib...
Following the atrocities of September 11, 2001, the United States has activated a highly focused and...
As the dust of the Bush administration’s war on terror settles, casualties are starting to appear on...
This article contends that the underlying normative assumptions of civil libertarians and national s...
This article argues that the Supreme Court should reconsider its prudential justiciability doctrines...
How should we judge judicial review from the standpoint of protecting the constitutional rights and ...
This Note will argue that federal courts need to be more “disciplined” in their deference determinat...
none3The dialogue focuses on the major issues of the contemporary theoretical debate on judicial rev...
This article examines the accepted axiom that courts should defer to the government\u27s actions dur...