final reminder: ABA National Security Law Conference this Thursday and Friday in DC

ABA Standing Committee on Law and National Security, Annual Review of the Field of National Security Law (November 12, 13)

This is always a terrific event.  I hope to see many of you there.  From the ABA press release:

GITMO DETAINEES, NARCO-VIOLENCE AND CYBERSECURITY ALL TOPICS AT ABA’S NATIONAL SECURITY CONFERENCE

WASHINGTON, D.C., Nov. 9, 2009 – With the President’s deadline to shut down Guantanamo rapidly approaching, are we legally prepared with a strategy to handle GITMO detainees? National security issues such as these as well as legislative updates, modern piracy issues, narco-violence along the border and cybersecurity will be explored during the American Bar Association’s 19th Annual Review of the Field of National Security Lawconference this Thursday and Friday, November 12 and 13 at the Renaissance Washington, D.C. Hotel, Renaissance Ballroom, 999 9th Street, N.W., Washington, D.C.

Opening remarks will be made by Carolyn Lamm, ABA president, and Harvey Rishikof, Chair, ABA Standing Committee on Law and National Security.

Featured keynote speakers on Thursday include: James Steinberg, deputy secretary of State at 12:30 p.m., and Jamie S. Gorelick, former deputy attorney general of the United States at 7:15 p.m. Janet Napolitano, secretary, U.S. Department of Homeland Security, will speak on Friday at 12:30 p.m.

The conference is sponsored by the ABA Standing Committee on Law and National Security.

THURSDAY

8:30 – 10:30 a.m. – Executive Update on Developments in National Security Law

Panelists: Robert Litt, general counsel,Office of the Director of National Intelligence

Stephen W. Preston, general counsel, Central Intelligence Agency

David Kris, assistant attorney general for National Security,U.S. Department of Justice

Ivan Fong, general counsel, U. S. Department of Homeland Security

Jeh Johnson, general counsel, Department of Defense

Moderator: Harvey Rishikof, chair, ABA Standing Committee on Law and National Security

10:45 a.m. – 12:30 p.m. – Legislative Update on Developments in National Security Law

Panelists will discuss Patriot Act renewals, GITMO detainees, and problems with the legal language found in the homeland security authorization and appropriations bills.

Panelists:          Chris Donesa,Republican chief counsel, House Permanent Select Committee on Intelligence

Perry Apelbaum, staff director and chief counsel, House Committee on the Judiciary

Brandon Milhorn, Republican staff director and chief counsel, Senate Homeland Security and Governmental Affairs Committee

Rick DeBobes, staff director, Senate Committee on Armed Services

Moderator: Suzanne Spaulding, principal, Bingham Consulting

2:30- 4:15 p.m. – Emerging Issues in National Security Law: Narco-Violence along the Border

Heavily armed drug trafficking organizations defy and undermine government authority and social order in Mexico, raising a host of policy and legal issues for the United States.  This panel will discuss the implications these issues have for our immigration laws, the military and the intelligence community.

Panelists: Eric L. Olson,senior advisor, Security Initiative, Mexico Institute, Woodrow Wilson International Center for Scholars

Luz Nagle, professor of law, Stetson University School of Law

Tracey A. Bardorf, special advisor to the assistant secretary Immigration and Customs Enforcement, U.S. Department of Homeland Security

Orde F. Kittrie, professor of law, Sandra Day O’Connor College of Law, Arizona State University

Moderator: Robert Chesney, professor of law, University of Texas

FRIDAY

8:30 – 10:15 a.m. – Modern Piracy: Legal and Policy Options

Panelists: Rear Admiral William D. Baumgartner, judge advocate general and chief counsel, U. S. Coast Guard

Commander James Kraska,USN JAG and professor of international law, U.S. Naval War College

Gordan Van Hook, senior director, Innovation and Concept Development, Maersk Line, Ltd.

Martin Murphy, senior fellow, Center for Strategic and Budgetary Assessments and visiting fellow, Corbett Centre for Maritime Policy Studies, King’s College, London

John Norton Moore, director, Center for National Security Law, University of Virginia School of Law

Moderator: Jane Dalton,professorial lecturer, George Washington University Elliott School of International Affairs

10:30 a.m. – 12:15 p.m. – Revised Military Commissions:  Lingering Questions

President Obama has indicated that he intends to use both federal district court trials and military commissions to prosecute those detained at Guantanamo Bay for which there is some evidence of criminality. The panel will probe the advantages and disadvantages of the two different prosecutorial forums for prosecuting the detainees

Panelists:          Deborah Pearlstein, visiting scholar, Program in Law and Public Affairs, Princeton University

Jonathan Hafetz, lawyer, National Security Project American Civil Liberties Union

Colonel Mary V. Perry, director, Operations and International Law Division, Office of the Judge Advocate General, U.S. Air Force

Robin Jacobsohn, deputy general counsel, Office of the General Counsel, U.S. Department of Defense

Moderator: Scott L. Silliman, executive director, Center on Law, Ethics and National Security, Duke University Law School

2:30 – 4:15 p.m. – Cybersecurity and Cyber Warfare

Are virtual worlds going to avoid traditional rules of privacy, judicial oversight and agency regulation?  What happens when the virtual becomes real?  Is “Big Brother” even possible in cyberspace?  The panel will discuss these questions and more.

Panelists: Bradford Bleier, supervisory special agent, Cyber Division, Federal Bureau of Investigation

Philip Reitinger, deputy undersecretary of National Protection & Programs Directorate, U.S. Department of Homeland Security

Chris Painter, acting senior director for Cybersecurity, National Security Council

Kim Taipale, founder and executive director, Center for Advanced Studies in Science and Technology Policy

Moderator: Spike Bowman, distinguished fellow, Center for National Security Law, University of Virginia School of Law

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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