TABLE OF CONTENTS
Summer 2002 Volume 17, Number 2
Terrorism and the Citizenry’s Safety
By Andrew E. Taslitz
Overview of campaign against terrorism in the wake of 9/11 and introduction to special theme topics.
The Bush Military Tribunals:
Where have we been? Where are we going?
By Eric M. Freedman
A discussion of the constitutional underpinning of a declaration of war and examination of why the presidential order for military tribunals may be unwarranted.
Is the War on Terrorism a War on Attorney-Client Privilege?
By Paul R. Rice and Benjamin Parlin Saul
Of all the government’s post-9/11 maneuvers, the decision to monitor some attorney-client conversations has drawn the most visceral response from the legal community. Arguing against the plan, the authors detail what other consequences may follow.
Prosecuting the War on Terrorism:
The government’s position on attorney-client monitoring, detainees, and military tribunals.
By John P. Elwood
As one of the lawyers who helped draft criminal provisions of the USA PATRIOT Act, the author reviews three of the most controversial elements of the law, explaining why they are needed
Racial Profiling Revisited:
"Just common sense" in the fight against terror?
By David A. Harris
Does profiling work? The author calls on recent studies that question its effectiveness as a law enforcement tool while offering support for the position that better results are available by means of more traditional police methods.
Assessing the USA PATRIOT Act’s Changes to Grand Jury Secrecy
By Sara Sun Beale and James E. Felman
Following a brief history of secrecy and the grand jury, the authors look at the impact of the new legislation as it pertains to the interests protected by grand jury secrecy, the need for disclosure, and the roles of the courts in supervising disclosure.
Profiling in the Wake of September 11:
The Precedent of the Japanese American Internment
By Frank H. Wu
Disenfranchisement of American citizens in time of war is nothing new. The author traces the judicial route taken by the government during the internment of Japanese Americans during World War II and compares it with treatment of Arab Americans today.
Computer Crimes and the USA PATRIOT Act
By Ellen S. Podgor
Although the Act does not directly focus on computer crimes, the author explores procedural changes to statutes aimed at prosecuting such crimes.
Chair’s Report to Members
Leveling the docket
ABA principles of public defense
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