nationalsecuritylaw call for papers – “Secrecy, National Security, and the Vindication of Constitutional Law” (Milan, Italy, Dec. 1-2, 2011)

* call for papers – "Secrecy, National Security, and the Vindication of Constitutional Law" (Milan, Italy, Dec. 1-2, 2011)

The International Association of Constitutional Law, Research Group on Constitutional Responses to Terrorism, has announced a very tempting call for papers, both in terms of subject-matter and location. Here are the details:

On behalf of the IACL Research Group on Constitutional Responses to Terrorism, we

hereby invite proposals in the form of abstracts for papers to be delivered at an international

conference on “Secrecy, National Security, and the Vindication of Constitutional Law” hosted by

Bocconi University in Milan, Italy, on December 1-2, 2011.

In virtually every nation, assertions of the need for secrecy on matters of counterterrorism

policy and practice have created tensions with efforts to ensure transparency, accountability and

procedural fairness. We are open to proposals that seek to bring comparative analysis to bear on

how best to mediate these tensions. Issues that authors might want to address could include, for

example:

– the challenge of secrecy to democratic lawmaking on counterterrorism policy;

– the use of “secrecy” privileges to block litigation challenging allegedly illegal government

programs;

– the use of classified evidence against individuals or organizations to freeze their assets,

designate them as terrorist, or justify other restraints on their liberty;

– the use of “anonymous” witnesses who testify without revealing their identity;

– the closure of criminal trials and other proceedings to the public;

– and the adoption of secret coercive programs without transparent legal justification, such as

the US’s coercive interrogation practices or targeted killing program.

Scholars are invited to address in a comparative frame the ways that various constitutional

systems have sought to balance the tension between accountability, transparency, and fairness on

the one hand, and secrecy and security on the other.

The conference will last a day and a half and will also feature the participation of Lord

Justice Stephen Sedley (Court of Appeal of England and Wales) as well as professors Daphne

Barak-Erez (University of Tel Aviv), David Cole (Georgetown University), Kent Roach

(University of Toronto), Martin Scheinin (European University Institute) and Arianna Vedaschi

(Bocconi University).

Abstract proposals for papers of max. 500 words should be emailed, along

with the author’s cv, to Federico.fabbrini by April 24, 2011. Once abstracts are accepted,

papers will be due November 1, 2011 to permit exchange of drafts prior to the conference.

Convenors

Prof. David Cole, Georgetown University, Research Group Chair

Prof. Arianna Vedaschi, Bocconi University, Host

Federico Fabbrini, European University Institute, Research Group Coordinator

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.

Leave a comment

Your email address will not be published. Required fields are marked *