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Civil liberties versus national security: new issues raised by a new kind of war
FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description
The modern laws of war that emerged in the seventeenth and eighteenth centuries were developed with a particular concept of war in mind—one that does not apply to the conflict with our current adversaries. With the September 11 attacks the United States found itself engaged in a new kind of war, with new dilemmas that needed new rules. Terrorism, the Laws of War, and the Constitution examines three significant enemy combatant cases—Padilla, Hamdi, and Rasul—that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror.The volume's distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime, discuss critical separation of powers issues, and call upon the courts, the political branches, and the country to reexamine the complicated connections between the Constitution and international law. Spanning the spectrum of informed legal opinion, the essays gathered here show that debating the enemy combatant cases is indispensable to meeting the legal challenges to come in the long war that lies ahead. Although they may disagree as to the details, the contributors are in full agreement that fortifying the rule of law at home is both a demand of justice and a national security imperative.Contributors: Mark Tushnet, Patricia M. Wald, Seth P. Waxman, Ruth Wedgwood, Benjamin Wittes, John Yoo
Author Biography
Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, where he chairs the Koret-Taube Task Force on National Security and Law. He was cofounder and director of the Israel Program on Constitutional Government, has served as a senior consultant to the President's Council on Bioethics, and is a member of the Policy Advisory Board at the Ethics and Public Policy Center.
Details ISBN0817946225 Author Peter Berkowitz Language English ISBN-10 0817946225 ISBN-13 9780817946227 Media Book Format Paperback Year 2005 Short Title TERRORISM THE LAWS OF WAR & TH Series Hoover Inst Press Publication Residence US Birth 1959 Pages 196 Imprint Hoover Institution Press,U.S. Subtitle Debating the Enemy Combatant Cases Place of Publication Stanford Country of Publication United States DOI 10.1604/9780817946227 AU Release Date 2005-06-01 NZ Release Date 2005-06-01 UK Release Date 2005-06-01 Publisher Hoover Institution Press,U.S. Publication Date 2005-06-30 DEWEY 343.7301 Audience General US Release Date 2005-06-30 We've got this
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