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

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Book length

1344 pages

Publication Date

2024-06-19

Edition

Eighth Edition

Description

Table of contents

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.

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