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National Security in the Courts The Need for Secrecy vs the Requirement of Transparency 1st Edition by Derigan Almond Silver ISBN 1593326548 9781593326548

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National Security in the Courts The Need for Secrecy vs the Requirement of Transparency 1st Edition Derigan Almond Silver Digital Instant Download

Author(s): Derigan Almond Silver
ISBN(s): 9781593326548, 1593326548
Edition: 1
File Details: PDF, 1.33 MB
Year: 2010
Language: english
SKU: EB-51238444 Category: Tag:

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Product details:

ISBN 10: 1593326548 
ISBN 13: 9781593326548
Author: Derigan Almond Silver

Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and to rely on some modes of legal analysis while ignoring others gives the judges the flexibility to mold law regarding national security information.

National Security in the Courts The Need for Secrecy vs the Requirement of Transparency 1st Table of contents:

  • Chapter 1: National Security and the Judicial System

    • The Role of the Judiciary in National Security Matters
    • Historical Overview of National Security Cases in Courts
    • The Tension Between Government Secrecy and Judicial Oversight

  • Chapter 2: Legal Foundations of National Security and Secrecy

    • Constitutional Provisions and National Security
    • The Classified Information Procedures Act (CIPA)
    • The Foreign Intelligence Surveillance Act (FISA)
    • The State Secrets Privilege and Its Use in Courts

  • Chapter 3: The Case for Secrecy in National Security Matters

    • Protecting Sensitive Information from Enemies
    • National Security Interests: Intelligence and Military Operations
    • The Role of Executive Power in Keeping Secrets
    • How Secrecy Ensures the Safety of Citizens and National Interests

  • Chapter 4: The Need for Transparency in Judicial Proceedings

    • The Public’s Right to Know: Accountability and Trust in Government
    • Transparency as a Check on Government Power
    • Constitutional Guarantees of Due Process and Fair Trials
    • The Role of the Media and Public Access to Courtrooms

  • Chapter 5: The Balance Between Secrecy and Transparency in Court Cases

    • Case Studies of National Security Cases and Their Impact on Judicial Transparency
    • Judicial Oversight vs. Executive Authority in National Security Cases
    • How Courts Navigate the Need for Secrecy While Ensuring Fairness

  • Chapter 6: High-Profile National Security Cases in the Courts

    • The War on Terror and Legal Challenges: Guantanamo Bay, Detainees, and Military Tribunals
    • The Case of Edward Snowden: Whistleblowing vs. National Security
    • The Bush Administration’s Use of Secret Courts and Surveillance Programs
    • The Obama Administration’s Handling of National Security Leaks and Transparency

  • Chapter 7: Challenges and Controversies in National Security Litigation

    • The Government’s Use of Classified Evidence in Legal Proceedings
    • Legal Protections for Whistleblowers and the Conflict with Secrecy
    • Conflict Between Civil Liberties and National Security Priorities
    • The Role of Intelligence Agencies in Legal Proceedings

  • Chapter 8: International Comparisons: National Security and the Courts

    • Approaches to National Security Secrecy and Transparency in Other Democracies
    • International Human Rights and National Security Court Rulings
    • The Role of International Law in Balancing Secrecy and Transparency

  • Chapter 9: The Future of National Security and Judicial Oversight

    • Emerging Technologies and New Challenges to National Security Law
    • The Role of Courts in an Age of Cybersecurity and Global Threats
    • Reforming National Security Law: Enhancing Transparency Without Compromising Security
    • Proposals for Improving Secrecy and Transparency in National Security Cases

  • Chapter 10: Conclusion

    • Finding the Right Balance Between Secrecy and Transparency
    • The Future of National Security Litigation in the Courts
    • The Importance of Protecting Civil Liberties While Ensuring National Safety

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Derigan Almond Silver,National Security,Secrecy,Transparency