About the Report

Since 1991, the flagship of the Standing Committee's publications program has been its newsletter, the National Security Law Report. The Report is regularly distributed to attorneys, government officials, professors, and legal scholars. It includes: reports of committee conferences, pertinent law and national security updates, recent cases, book reviews, pending legislation, and other writings relevant to the field. To receive future copies of the National Security Law Report, please submit your full address to our mailing list.

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Volume 31 - 2009

Issues 3&4 (July/October)

Articles Include:

• The Golden Rule and the Laws of War
• Covert Action Policy and Procedure
• A Review of “The Constitution and 9/11”
• Be Careful What You Wish For: A Review of Ibrahim Warde’s The Price of Fear
• Speech to the ABA Standing Committee  
• Standing Committee Appointments Announced   
  

Issue 3 (May/June)

Articles include:

• Enforcing ICC Arrest Warrants
• National Security and the International Criminal Court
• Standing Committee mourns the loss of Judge Robinson O. Everett, Counselor to the Standing Committee on Law and National Security

Issue 2 (March/April)

Articles include:

• Looking Back to Go Forward: Remaking U.S. Detainee Policy
• Money Laundering: The United States Should Loosen the Restraints, But Do So Carefully
• Redefining Liberty in the 21st Century

Issue 1 (Jan./Feb.)

In this issue we feature three contributions on the important topic of direct action against alleged terrorists and the legal framework which should apply to governmental conduct in those circumstances and the winning paper of the 2008 National Security Law Student Writing Competition.

Volume 30 - 2008

Issue 4 (Nov./Dec.)

In this issue we present a debate between Peter Margulies and Barbara Olshansky on Guantanamo’s future, Nathan Sales and Marcia Hofmann debate searches of laptops at the border and Jeffrey Kahn pens an essay titled, “International Travel and the Constitution.”  In addition, the conference summary of the Committee’s workshop on “The Intersection of Immigration and National Security” written by John Allen Williams and Richard E. Friedman and sponsored by the McCormick Foundation, appears in full. 

Issue 3 (Sept./Oct.)

In this issue, we present a series of essays from a diverse group of national security experts offering their “Advice for the Next Administration and Congress" Judge James E. Baker pens an essay titled, “A Running Start: Getting Law Ready During a Presidential Transition” while Clark Kent Ervin and James Carafano debate “Homeland Security Reform Priorities for the Next Administration and Congress.”  Jeff Greene suggests reforms necessary to establish “A National Security System for the 21st Century,” and Michael Posner and Michael Lewis debate the topic of torture and coercive interrogation in their essays on “Advice to the Next Administration and Congress Regarding Coercive Interrogation.”  Mark Shulman in his essay recommends that the next President and Congress establish “The Four Freedoms as Good Law and Grand Strategy.

Issue 2 (June)

• The Court, The Culture Wars and Real Wars
• Reflecting on Boumediene: The Substance of Habeas and the Futility of Exhaustion
• Commentary: Munaf, Bigger than Boumediene?
• Commentary: Boumediene: The Path Forward
• Morris I. Leibman Award Presented to Professor Howard S. Levie
• ABA Committee Announces the 2008 National Security Law Student Writing Competition
• In Case You Missed It...

Issue 1 (March)

• Enemy Combatants in the "War on Terror?" A Case Study of How Myopic Lawyering Makes Bad Law
• Combatant Status Under the Laws of War
• Intelligence Agency? Does the U.S. Need a Domestic Intelligence Agency?
• Committee on Law and National Security Available Resources
• In Case You Missed It...

Volume 29 - 2007

Issue 4 (November)

• What’s Wrong With Rendition
• Transferring Suspected Terrorists
• A Debate Between Professor John Yoo (Berkeley) and Dean Jesse Choper (Berkeley) concerning the Military Commissions Act’s Restraint of Habeas Jurisdiction
• In Case You Missed It...

Issue 3 (August)

• The Nuclear Proliferation Threat
• A report on the Standing Committee’s Special Program titled: Responding to the Department of Justice Inspector General’s Report on the Use of National Security Letters
• In Case You Missed It…

Issue 2 (May)

• The Power of Congress to Restrain the President's Exercise of Military Force
• Democratic Checks on Presidential Wars
• Federal Commandeering in Times of Emergency
• Book Review: Leading at the Speed of Light: New Strategies for U.S. Security
• In the Information Age
• The War on Terrorism, the War of Ideologies, and the Strategic Legal Advisor: Using Lawfare to Our Advantage?
• In Case You Missed It...

Issue 1 (February)

• U.K. Perspectives: Detaining Suspected Terrorists"
• Anti-Terrorism Orders Out of Control?
• Civilians Accompanying Forces in the Field Now Subject to UCMJ
• Army is Maximizing Lawyers' Skills in Contemporary Operations
• Improving Disaster Preparedness Through Good Samaritan Legislation
• In Case You Missed It...

Volume 28 - 2006

Issue 4 (November)

• The Constitution vs. Counterterrorism
• Greasing the Wheels of Justice: Independent Experts in National Security Cases
• A Review of Robert Young Pelton’s Licensed to Kill: Hired Guns in the War on Terror
• Voices from the Stars? America’s Generals and Public Debates
• Understanding the Privatization of National Security - Conference Executive Summary
• Remarks by Benjamin Powell, General Counsel of the Office of the Director of National Intelligence
• In Case You Missed It...

Issue 3 (September)
Essays on the Issue of Criminal Prosecution Relating to Leaks of Classified Information

• The Lessons of History, by Geoffrey R. Stone
• What to Do About Leaks?, by Gabriel Schoenfeld
• Leaks, National Security and the First Amendment,
  by Kate Martin
• Freedom of the Press Is Not Freedom from the Law, by John C. Eastman
• Prosecuting Journalists Would Be Unprecedented and Unwise, by Jonathan H. Adler
• Inconvenient Truth About Leaks, by Bryan Cunningham
• In Case You Missed It...

Issue 2 (July)

• Arar v. Ashcroft: "Why Constitutional Rights Litigation Should Not Follow the Flag
• Arar v. Ashcroft: "Rights Without Remedies: The Newfound National Security Exception to Bivens
• Rumsfeld v. Padilla: Dodging the Jose Padilla Case
• Breakfast Program: Philip Zelikow: Legal Policy in the Twilight of War
• In Case you Missed It...

Issue 1 (March)
Special Issue: The NSA Surveillance Debate

• If Men Were Angels: NSA Eavesdropping and the Fourth Amendment
• Sellers Remorse? The Auhtorization for Use of Military Force in the NSA Surveillance Debate
• The Statutory Argument in the NSA Surveillance Debate
• National Security Law and the NSA-FISA Controversy
• If the Commander in Chief Does It, It's Not Illegal: The Nixon Doctrine Revised
• Above the Law?
• Understanding Counterterrorism Technology and Privacy
• Additional Resources Concering the NSA Surveillance Debate
• In Case you Missed It...

Volume 27 - 2005

Issue 5 (October)

• Law Amid the Ruins: Doing Business After Disaster, A report on the May 2005 Cantigny Conference in Wheaton, Illinois
  See the publications page to view or order the full report

Introduction

• Start with a Worst-Case Scenario, and then Work Backwards and Forwards
• Common Vocabulary, Common Goal
• Existing Plans: Pros and Cons (The National Response Plan)
• It's the Process, Not the Plan
• Broaching the Fear Issue: Educating the Public
• Private Sector Roles and Responsibilities
• Interdependency: Dividing Responsibilities
• Adressing the Legal Dimension
• What's Next: Conclusions and Next Steps

Issue 4 (August)

Special Issue: Careers in National Security Law

• Event Summary: Different Paths In National Security Law
• Profile: Suzanne E. Spaulding, Managing Director, The Harbor Group by Brad Moss
• Profile: Col. Tia Johnson, General Counsel, Internationl Criminal Court Task Force, U.S. Army JAG Charles Moldenhauer
• Profile: Jeremy Zucker, Associate, Hogan & Hartson by Justin Zeefe
• Profile: Sheldon I. Cohen, Private Practice, Arlington, VA
• Profile: Judge William H. Webster, Senior Partner, Milbank, Tweed, Hadley, and McCloy by Jodi Else
• Profile: Angeline G. Chen, Associate General Counsel, Lockheed Martin; Adjunct Professor, George Mason University Law School, University of Maryland

Issue 3 (June)

• Breakfast Program: Judge Laurence Silberman, Co-Chair of the WMD Comission, DIscusses the Commission's Process and Conclusions
• Piracy Law as a Weapon in the War on Terror
• Debate: Non-Self-Executing Declarations by the Senate
• Response to Professor Halberstam
• Professor Halberstam's Reply

Issue 2 (March)

• Conference Report: National Security, Law in a Changed World: The Fourteenth Annual Review of the Field
• Panel I: Survey of New Developments in National Security Law: Perspectives from the Executive Branch
• Panel II: Survey of New Developments in National Security Law: Views from the Hill
• Keynote Speaker: John B. Bellinger III, National Security Council
• Panel III: Counter Terrorism Technology and Privacy
• Keynote Speaker: David Kay, Potomac Institute: Intelligence Demands in a Post-9/11 World
• Panel IV: Intelligence Organizations and the 9/11 Commission
• Panel V: Inside Military Commissions
• Keynote Speaker: James Steinberg, Brookings Institution
• Panel VI: Will the USA PATRIOT Act Ride into the Sunset?

Issue 1 (February)

• Counterterrorism Technology and Privacy, A report on the June 2004 Cantigny Conference in Wheaton, Illinois
• See the publications page to view or order the full report
• Overview
• Conference Report

Introduction

• Law Enforcement vs. Intelligence/Preemption
• Surveillance Technologies
• Data Mining, Technologies Retention and Dissemination
• Technology as a Tool to Protect Civil Liberties
• Conclusion

Cantigny Principles on Technology, Terrorism and Privacy

• Introduction
• Statement of Priniciples

Volume 26 - 2004

Issue 4 (November)

• A Practical History of the USA PATRIOT Act
• Advisory Committee Members Selected: Friedman Appointed Chair
• Rhetoric, Practice, and Historical Perspective in the War on Terror
• Intelligence Reform in Congress
• National Security Agenda

Issue 3 (October)

• Perspectives on a U.S. China Strategic Relationship
• New Committee Members Selected: Baker Appointed Chair
• 9/11 Commission Members Assess Prospects for Change in Intelligence
• Book Review: A War of a Different Kind: Military Forces and America's Search for Homeland Security
• Intelligence Community Reform: Pending Legislation
• Breakfast Program: Judge Chertoff Addresses Challenges to the Legal System in Fighting Terrorism
• Breakfast Program: Rep. Harman on Changing U.S. Intelligence Community
• Panel Assesses LongTerm Impact of the Supreme Court's 2004 National Security Related Decisions
• National Security Agenda

Issue 2 (Summer)

• The Proliferation Security Initiative: A New Multilateralism
• Book Review: Combating Terrorism: Strategies of Ten Countries
• Book Review: Piercing the Veil of Secrecy
• Breakfast Program: Counsel to the President Alberto R. Gonzales Discusses Administration Procedures on Unlawful Combatants

Issue 1 (March)

• Conference Report: The Thirteenth Annual Morris I. Liebman Review of the Field of National Security Law COnference
• Tom C. Korogolos, Senior Counselor to Ambassador L. Paul Bremer at the Coalition Provisional Authority
• Panel I: Survey of New Developments in National Security Law: Perspectives from the Executive Branch
• Panel II: Survey of New Developments in National Security Law: Views from the Hill
• Keynote Speaker: Jack L. Goldsmith III, Asst AG, Office of Legal Counsel, DoJ
• Panel III: Reconstruction Efforts in Iraq and Afghanistan: Building Security, Democracy, and the Rule of Law
• Keynote Speaker: Gen. Richard B. Myers, USAF, Chairman of the Joint Chiefs of Staff
• Panel IV: Jurisdiction Over War Crimes: What Should Our Policy Be?
• Panel V: Transforming the Department of Defense: Changing Support Positions to Warfighters
• Keynote Speaker: Tom C. Korogolos, Senior Counselor to Ambassador L. Paul Bremer at the Coalition Provisional Authority
• Panel VI: What is the Best Legal Forum for Bringing Terrorists to Justice?

Volume 25 - 2003

Issue 3 (December)

The Guantanamo Bay Detentions: A Point-Counterpoint

• Detaining Terrorists at Guantanamo Bay: Questions of Law and Policy
• The Staturs of Terrorists
• Questions and Answers with Colonel M. Tia Johnson, Legal Advisor Defense Reform Commission
• Breakfast Meeting: Col. Frederic Borch and Col. Will Dunn
• Standing Committee on Law and National Security Law, A Brief History, November 2003

Issue 2 (October)

The Role of the Military in Securing the Homeland: A McCormick Tribune Foundation Cantigny Conference Series Post-Conference Report

• See the publications page to view or order the full report
• The Role of the Military in Securing the Homeland 
• Executive Smmary
• The Appropriate Role of the Department of Defense
• NORTHCOM
• Joint Forces Command
• Agency Liaison
• National Guard and Reserve Components
• Role of the Public
• The Proliferation Security Initiative and WMS Interdiction of the High Seas
• International Prevention of Bio Crimes

Issue 1 (May 2003)

Conference Reports: National Security, Law in a Changed World: The Twelfth Annual Review of the Field and Outer Space Law and Policy and National Security Concerns in the 21st Century: A Cantigny Conference Executive Summary"

National Security, Law in a Changed World: The Twelfth Annual Review of the Field

• Opening Remarks
• Panel I: Executive Branch Roundtable
• Panel II: Capitol Hill Roundtable
• Panel III: Use of Force Against Rogue States: Constitutional and International Law Perspectives
• Panel IV: Leaks - Dealing with Unauthorized Disclosure of Classified Information
• Panel V: Detention and Prosecution of Terrorists
• Panel VI: The Prevention of Terrorism
• Keynote Speaker: Ambassador Francis Taylor, Assistant Secretary of State for Diplomatic Security, U.S. Department of State
• Keynote Speaker: John Bellinger III, Senior Associate Counsel to the President and Legal Adviser to the National Security Council

Outer Space Law and Policy and National Security Concerns in the 21st Century: A Cantigny Conference Executive Summary

• Cantigny Space
• Foreward
• Executive Summary
• U.S. National Interests in Outer Space
• Space Management and Organization by the United States
• Prioritizing and Achieving U.S. Space Policy and National Security Objectives
• Balancing Interests of the Commercial Sector and National Security
• Partnerships and International Cooperation in Space
• Legal Implications of National Security Operations in Space