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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.

Volume 31 (2009)

Volume 31, Numbers 3 & 4 July/October 2009

Articles Include:

The Golden Rule and the Laws of War, by Gabor Rona (Human Rights First)  
• Covert Action Policy and Procedure by Jonathan Fredman
• A Review of “The Constitution and 9/11” by Ryan Lockman
Be Careful What You Wish For: A Review of Ibrahim Warde’s The Price of Fear by Jeff Breinholt
Speech to the ABA Standing Committee by DOD General Counsel Jeh Johnson, September 10, 2009
Standing Committee Appointments Announced   

Issue #3, Volume 31 (May/June 2009):

Articles include:

  • Enforcing ICC Arrest Warrants by Captain Keith Petty and Professor Tung Yin.
  • National Security and the International Criminal Court by Jason Dominguez-Meyer.
  • Standing Committee mourns the loss of Judge Robinson O. Everett, Counselor to the Standing Committee on Law and National Security.

Issue #2, Volume 31 (March/April 2009):

Articles include:

  • Looking Back to Go Forward: Remaking U.S. Detainee Policy by James Durant and Frank Anechiarico, professors at the U.S. Air Force Academy, discuss the history of detainee policy.
  • Tying Our Hands in Combating International Money Laundering: The United States Should Loosen the Restraints, But Do So Carefully by attorney Ethan S. Burger who argues that terrorists and international organized crime organizations are a principle threat to national security.
  • Redefining Liberty in the 21st Century , the 2009 National Security Writing Competition, open to all law students. Deadline for submission is August 15, 2009. Winner will receive a cash prize and a free registration to the 2009 National Security Law Conference.

Issue #1 Volume 31 (Jan./Feb. 2009 ) :

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, Volume 30 (Nov./Dec. 2008) :

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, Volume 30 (Sept./Oct. 2008) :

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, Volume 30 (June 2008) :

  • 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, Volume 30 (March 2008):

  • Enemy Combatants in the "War on Terror?" A Case Study of How Myopic Lawyering Makes Bad Law by Gabor Rona
  • Combatant Status Under the Laws of War by David B. Rivkin, Jr. and Lee A. Casey
  • Intelligence Agency? Does the U.S. Need a Domestic Intelligence Agency? Judge Richard Posner and Juliette Kayyem Debate the Question (from - Reprinted with permission)
  • Committee on Law and National Security Available Resources
  • In Case You Missed It

Volume 29 (2007)

Issue #4, Volume 29 (November 2007):

  • What’s Wrong With Rendition by Professor Margaret Satterthwaite (NYU)
  • Transferring Suspected Terrorists by A. John Radsan (William Mitchell)
  • 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, Volume 29 (August 2007):

  • The Nuclear Proliferation Threat by former Senator Sam Nunn
  • A report on the Standing Committee’s Special Program held in July of 2007 titled: “Responding to the Department of Justice Inspector General’s Report on the Use of National Security Letters. Moderated by Suzanne Spaulding, panelists included FBI General Counsel Valerie Caproni; Senior Fellow at the Foundation for the Defense of Democracies Andrew McCarthy, former CIA General Counsel, Jeffrey Smith; former Associate Deputy Attorney General, Department of Justice, Michael Vatris, and Senior Research Fellow at NDU Spike Bowman.
  • In Case You Missed It …

Issue #2, Volume 29 (May 2007):

  • "The Power of Congress to Restrain the President's Exercise of Military Force" by Robert F. Turner
  • "Democratic Checks on Presidential Wars" by Louis Fisher
  • "Federal Commandeering in Times of Emergency" by Jason Mazzone
  • Book Review: Leading at the Speed of Light: New Strategies for U.S. Security, Reviewed by Craig LaMay
  • "In the Information Age" by Daniel Gerstein
  • "The War on Terrorism, the War of Ideologies, and the Strategic Legal Advisor: Using Lawfare to Our Advantage?" by Colonel Kelly Wheaton
  • In Case You Missed It ...

Issue #1, Volume 29 (February 2007):

  • "U.K. Perspectives: Detaining Suspected Terrorists" by Brice Dickson
  • "Anti-Terrorism Orders Out of Control?" by Clive Walker
  • "Civilians Accompanying Forces in the Field Now Subject to UCMJ" by Philip Carter and Karri Garrett
  • "Army is Maximizing Lawyers' Skills in Contemporary Operations" by Lt. Col. Mike Ryan
  • "Improving Disaster Preparedness Through Good Samaritan Legislation" by Gene Matthews
  • In Case You Missed It...

Volume 28 (2006)

Issue #4, Volume 28 (November 2006):

  • "The Constitution vs. Counterterrorism" by Hon. Richard A. Posner"
  • "Greasing the Wheels of Justice:Independent Experts in National Security Cases" by Meredith Fuchs and G. Gregg Webb
  • "A Review of Robert Young Pelton’s Licensed to Kill: Hired Guns in the War on Terror" by Endy Zemenides
  • "Voices from the Stars? America’s Generals and Public Debates" by Maj. Gen. Charles J. Dunlap, Jr., USAF
  • "'Understanding the Privatization of National Security' Conference Executive Summary" by Lauren Stone
  • "Remarks by Benjamin Powell, General Counsel of the Office of the Director of National Intelligence, Breakfast Program Sponsored by the Standing Committee" Summary by Michael Van Hall
  • In Case You Missed It...

Issue #3, Volume 28 (September 2006):
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, Volume 28 (July 2006)

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

Issue # 1, Volume 28 (March 2006):
Special Issue: The NSA Surveillance Debate

  • "'If Men Were Angels:' NSA Eavesdropping and the Fourth Amendment" by William Banks
  • "Sellers Remorse? The Auhtorization for Use of Military Force in the NSA Surveillance Debate" by Brian D. Boyle
  • "The Statutory Argument in the NSA Surveillance Debate" by Suzanne E. Spaulding
  • "National Security Law and the NSA-FISA COntroversy" by Robert F. Turner
  • "If the Commander in Chief Does It, It's Not Illegal: The Nixon Doctrine Revised" by David Cole
  • "Above the Law?" by Andrew C. McCarthy
  • "Understanding Counterterrorism Technology and Privacy" by Richard E. Friedman
  • Additional Resources Concering the NSA Surveillance Debate
  • In Case you Missed It...

Volume 27 (2005)

Issue #5, Volume 27 (October 2005):
"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 the 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 Responsibilit
  • Adressing the Legal Dimension
  • What's Next: Conclusions and Next Steps

Issue #4, Volume 27 (August 2005):
"Special Issue: Careers in National Security Law"

  • "Event Summary: Differnet Paths In National Security Law" by Chip Moldenhauer and Justin Zeefe
  • 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, Volume 27 (June 2005)

  • 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" by Douglas R. Burgess, Jr.
  • "Debate: Non-Self-Executing Declarations by the Senate" by Malvina Halberstam
  • "Response to Professor Halberstam" by David B. Rivkin, Jr. & Mark W. Delanquil
  • Professor Halberstam's Reply

Issue #2, Volume 27 (March 2005):
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 Comissions
  • Keynote Speaker: James Steinberg, Brookings Institution
  • Panel VI: Will the USA PATRIOT Act Ride into the Sunset?

Issue #1, Volume 27 (February 2005):
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" by Stewart Baker
  • "Conference Report"
    • Introduction
    • Law Enforcement vs. Intelligence/Preemption
    • Surveillance Technologies
    • Data Mining Technologies#mdash;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, Volume 26 (November 2004)

  • "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" by Robert Chesney
  • "Intelligence Reform in Congress"
  • "National Security Agenda"

Issue #3, Volume 26 (October 2004)

  • "Perspectives on a US#ndash;China Strategic Relationship" by Richard E. Friedman
  • "New Committee Members Selected: Baker Appointed Chair"
  • "9/11 Commission Members Assess Prospects for Change in Intelligence" by Margaret Lee Wood
  • Book Review: " A War of a Different Kind: Military Forces and America's Search for Homeland Security by Stephen M. Duncan" Reviewed by Jennifer Stahlschmid
  • "Intelligence Community Reform: Pending Legislation" by Michael Van Hall
  • Breakfast Program: "Judge Chertoff Addresses Challenges to the Legal System in Fighting Terrorism" by Thomas Lyons
  • Breakfast Program: "Rep. Harman on Changing U.S. Intelligence Community" by Jennifer Stahlschmidt
  • "Panel Assesses Long#ndash;Term Impact of the Supreme Court's 2004 National Security#ndash;Related Decisions" by Matthew Cloud
  • "National Security Agenda" by Dana DeCore

Issue #2, Volume 26 (Summer 2004)

  • "The Proliferation Security Initiative: A New Multilateralism" by Matthew Foley
  • Book Review: " Combating Terrorism: Strategies of Ten Countries Edited by Yonah Alexander" Reviewed by Patricio Asfura#ndash;Heim
  • Book Review: " Piercing the Veil of Secrecy by Janine Brookner" Reviewed by Blayne Miley
  • Breakfast Program: Counsel to the President Alberto R. Gonzales Discusses Administration Procedures on Unlawful Combatants

Issue #1, Volume 26 (March 2004)
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, Volume 25 (December 2003):
The Guantanamo Bay Detentions: A Point-Counterpoint

  • "Detaining Terrorists at Guantanamo Bay: Questions of Law and Policy" by Scott L. Silliman
  • "The Staturs of Terrorists" by John C. Yoo and James C. Ho
  • "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, Volume 25 (October 2003)
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" by Robert M. Chesney
  • "International Prevention of Bio Crimes" by Barry Kellman

Issue #1, Volume 25 (May 2003):
Conference Reports: "National Security, Law in a Changed World: The Twelfth Annual Review of the Field" and "Outer Space Law and Policy & 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 & National Security Concerns in the 21st Century: A Cantigny Conference Executive Summary" by Angeline G. Chen
    • 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"