2020 Symposium—Presidential Emergency Powers: Legal Framework and Perspectives for Reform
JNSLP’s 2020 symposium, Presidential Emergency Powers: Legal Framework and Perspectives for Reform, is brought to you by JNSLP and the Georgetown Institute for Constitutional Advocacy and Protection.
In addition to the three panels, the symposium will also feature a lunchtime keynote speech by Elizabeth Goitein, Co-Director, Liberty and National Security Program, The Brennan Center.
OPENING REMARKS | 9-9:10 a.m.
Professor William C. Banks, Professor of Law Emeritus, Syracuse University College of Law
PANEL 1 | 9:10 – 10:30 a.m.
Constitutional and Statutory Framework for Emergency Powers
Moderator: Joshua Geltzer, Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law Center
While this administration’s exercise of emergency powers has brought the issue to the forefront of national attention, President Trump is not the first chief executive to turn to this authority as a national security tool. This panel will address the historical emergency powers framework, including the constitutional origins of emergency powers, their intended scope, and practical limitations. Panelists will also discuss the role of statutory authorities, such as the Posse Comitatus Act, the National Emergencies Act, and the International Emergency Economic Powers Act, in resolving challenges during times of national crisis.
- Gerald Dickinson, Assistant Professor of Law, University of Pittsburgh School of Law
- Jamil Jaffer, Executive Director, National Security Institute, Antonin Scalia Law School, George Mason University
- Mary McCord, Legal Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law Center
BREAK | 10:30-10:45 a.m.
PANEL 2 | 10:45 a.m. – 12:15 p.m.
Under the Microscope—The National Emergency at the Southern Border and the Burgeoning Trade War with China
Moderator: Mary DeRosa, Co-Director, Global Law Scholars Program, Georgetown University Law Center
In February 2019, President Trump declared a national emergency at the southern border, redirecting congressionally-approved funding towards the construction of a border wall. This declaration prompted a confrontation over the constitutional separation of powers. Though Congress passed a disapproval resolution rejecting the national emergency declaration, the House was not able to garner enough votes to override the administration’s first veto. In August 2019, the president flexed his emergency powers once again, threatening to invoke IEEPA to counter mounting economic pressure from China. This panel will invite speakers to discuss the use of emergency powers to fulfill foreign policy objectives, the role of congressional oversight under the National Emergencies Act and the International Emergency Economic Powers Act, and the legal challenges to the president’s exercise of emergency powers.
- Sahar Aziz, Professor of Law, Rutgers University Law School
- Brian Egan, Partner, Steptoe; Former Legal Adviser, Department of State
- Dror Ladin, Staff Attorney, ACLU National Security Project; Lead lawyer on Trump v. Sierra Club
- Robert Taylor, General Counsel, MCE Social Capital; Former Principal Deputy General Counsel, Department of Defense
LUNCH | 12:15-12:45 p.m.
KEYNOTE | 12:45 – 1:15 p.m.
Elizabeth Goitein, Co-Director, Liberty and National Security Program, The Brennan Center
PANEL 3 | 1:20-2:50 p.m.
Reforming the Emergency Powers Framework
Moderator: Martin Lederman, Professor from Practice, Georgetown University Law Center
Recent controversies and lawsuits surrounding the president’s exercise of emergency powers have sparked renewed debate regarding the need to overhaul the existing emergency powers framework. This panel will consider potential avenues for legislative reform of the National Emergencies Act and possible limitations that may be implemented. Panelists will also discuss how related statutory authorities that grant the president power to act in cases of emergency may be amended to balance the need for congressional oversight with the president’s prerogative to act decisively in the face of an emerging crisis.
- Peter Harrell, Adjunct Senior Fellow, Center for a New American Security
- Deborah Pearlstein, Professor of Law and Co-Director, Floersheimer Center for Constitutional Democracy, Benjamin N. Cardozo School of Law, Yeshiva University
- Margaret Taylor, Fellow, Governance Studies, The Brookings Institution
CLOSING REMARKS | 2:50-3 p.m.
Professor William C. Banks, Professor of Law Emeritus, Syracuse University College of Law
Join us for the Journal of National Security Law & Policy annual symposium!
This year’s symposium is titled “The Continuing Threat of Nuclear Weapons”, and is brought to you by the JNSLP, the Georgetown Center on National Security and the Law, and the Georgetown Center for Asian Law.
In addition to three panels, the symposium will feature a lunchtime keynote speech by Joseph Cirincione, President of Ploughshares Fund.
DATE: Feb. 25, 2019
TIME: 9 a.m. – 3:20 p.m.
LOCATION: Gewirz Student Center 12th Floor, Georgetown Law
The New Cold War? The State of US-Russia Relations & Unconventional Threats to US Security
Feb 28., 2018 | Georgetown Law
RSVP for the symposium here. Closed captioning will be provided.
In addition to three panels, the symposium will also feature a lunchtime keynote speech by Laura Kennedy, former Deputy Assistant Secretary for European and Eurasian Affairs under the President George W. Bush Administration.
Introductory Remarks (9:15 AM – 9:25 AM)
- William Banks, Professor of Law, Syracuse University College of Law; Editor-in-Chief, Journal of National Security Law & Policy
Panel 1: Foreign Ties in the National Security Context: The Politics & Policies of Disclosure (9:25 AM – 10:50 AM)
Panelists will provide an overview of disclosure laws through the lenses of the Foreign Agents Registration Act (FARA) and the security clearance process. Panelists will explore questions including: (1) What precisely are FARA and the SF-86’s reporting requirements? and (2) What are the legal ramifications for failing to register as a foreign agent or disclose foreign contacts on the SF-86?
- Asha Rangappa, Senior Lecturer, Yale University Jackson Institute for Global Affairs; Former Special Agent to the FBI, Specializing in Counterintelligence Investigations
- Joshua Rosenstein, Partner, Sandler Reiff Lamb Rosenstein & Birkenstock; Expert on Government Ethics and Lobbyist and Foreign Agent Regulation; Adjunct Professor of Law, William & Mary Law School
- Benjamin Wittes, Co-Founder and Editor-in-Chief, Lawfare; Senior Fellow, Governance Studies, The Brookings Institution
- Moderator: Leslie Kiernan, Partner, Akin Gump LLP; Former Deputy White House Counsel
Panel 2: The Russian Cyber Threat (10:55 AM – 12:20 PM)
Panelists will discuss the growing threat posed by Russian hackers and whether the current international legal regime governing cyberattacks adequately safeguards against the Russian cyber threat, and if it does not, what reforms are needed to mitigate this threat.
- Mary B. DeRosa, Professor of Law, Georgetown University Law Center; Former National Security Council Legal Advisor in the Obama Administration; Former Deputy Assistant and Deputy Counsel to the President
- Suzanne Spaulding, Senior Advisor, Homeland Security Program and International Security Program, Center for Strategic & International Studies; Former Under Secretary for the National Protection and Programs Directorate at the Department of Homeland Security; Founder of the ABA’s Cybersecurity Legal Task Force
- Michael Sulmeyer, Cyber Security Project Director, Belfer Center for Science and International Affairs, Harvard Kennedy School; Former Director for Plans and Operations for Cyber Policy, Office of Secretary of Defense
- Moderator: Carrie F. Cordero, Counsel, ZwillGen PLLC; Adjunct Professor of Law, Georgetown University Law Center; Former Counsel to the Assistant Attorney General for National Security; Former Senior Associate General Counsel at the Office of the Director of National Intelligence; Former Attorney Advisor at the Department of Justice
Luncheon and Keynote Address: Where Do We Go from Here? (12:50 PM – 1:35 PM)
Laura Kennedy, former Deputy Assistant Secretary for European and Eurasian Affairs
Panel 3: Russian State Organized Crime (1:45 PM – 3:10 PM)
Panelists will explore a range of issues including the dangers posed by Russian state organized crime investments in the US economy and businesses, how the Russian state uses disinformation to its advantage, and Russian state interference in US elections.
- Ethan Burger, Principal, Law Offices of Ethan S. Burger; Expert on Transnational Financial Crimes, Financial Institutions, and Corruption
- David Satter, Senior Fellow, Hudson Institute; Fellow, Foreign Policy Institute of Johns Hopkins University School of Advanced International Studies; Former Moscow Correspondent, London Financial Times; Former Special Correspondent on Soviet Affairs, The Wall Street Journal
- Nick Schifrin, Special Correspondent at PBS NewsHour; Lead Reporter for NewsHour’s Six-Part Series, “Inside Putin’s Russia”
- Moderator: Vangala Ram, Department of State Chair, National Intelligence University; Expert on Russian Foreign Policy, Intelligence Analysis, and the National Security Decision-making Process
A reception will follow the event.
The Border and Beyond: The National Security Implications of Migration, Refugees, and Asylum under US and International Law
February 28, 2017 | Georgetown Law
View the archived webcast of JNSLP Symposium 2017.
Keynote: Elisa Massimino, President and CEO of Human Rights First
Panel 1: Immigration, Homeland Security, and the Constitution (9:05 – 10:30 AM)
Panelists will engage in debate on various constitutional issues, such as the separation of powers and the protection of civil liberties, in the context of recent events in the US in which both migration and national security have been implicated.
Moderator: William Banks, Director, Institute for National Security and Counterterrorism, Syracuse University
- Jen Daskal, Professor of Criminal, National Security, and Constitutional Law, American University Washington College of Law; former Assistant Attorney General for National Security, US Department of Justice
- Lucas Guttentag, Professor of the Practice of Law at Stanford Law School; Founder and former National Director of the ACLU Immigrants’ Rights Project
- Marty Lederman, Professor of Constitutional Law at Georgetown University Law Center; former Deputy Assistant Attorney General at the Department of Justice’s Office Legal Counsel
Panel 2: The US Refugee and Asylum Legal Regime (10:35 AM – 12:00 PM)
Panelists will explore the current status of US asylum and refugee laws and how the screening processes factor into national concerns. The panel also will discuss the Trump Administration’s recent executive orders relating to border security and refugee policy in the US.
Moderator: Jason Dzubow, Partner, Dzubow & Pilcher, PLLC; Adjunct Professor of Asylum Law, George Washington University Law School
- Mark Hetfield, President and CEO, HIAS, the oldest international migration and refugee resettlement agency in the US.
- Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration; former Vice President of Government Relations and Advocacy, International Rescue Committee
- Shibley Telhami, Anwar Sadat Professor for Peace and Development, University of Maryland-College Park
Luncheon Keynote Address by Elisa Massamino, President & CEO, Human Rights First (12:30 PM – 1:05 PM)
Panel 3: Migration and Security Threats Abroad (1:15 PM – 2:40 PM)
Panelists will discuss the security implications of the refugee crisis in Europe and the potential legal obligations that the US might have under international law to assist its allies in handling the situation.
Moderator: David Stewart, Professor of Law, Georgetown University Law Center
- Bec Hamilton, Professor of National Security, International, and Criminal Law, American University Washington College of Law
- Karin Johnston, Professor of International Politics, American University School of International Service
- A. Trevor Thrall, Senior Fellow, Defense and Foreign Policy Department, Cato Institute; Associate Professor, George Mason University Schar School of Policy and Government
- Mark Iozzi, Democratic Counsel, House Foreign Affairs Committee
A reception will follow the event.
March 1, 2016 | 9:00 a.m. – 4:30 p.m. | Georgetown Law
Keynote Speech: “Global Health Security in an Era of Explosive Pandemic Potential: Lessons from SARS and MERS to Ebola and Zika”—Prof. Lawrence Gostin, Faculty Director, O’Neill Institute for National and Global Health Law
Panel 1: “Why Global Health Matters to National Security” (9:30 am – 11:00 am)
International health issues and U.S. support for global health systems and connecting global health priorities with national security.
- J. Stephen Morrison, Senior Vice President and Director, Global Health Policy Center, Center for Strategic and International Studies
- Christine Sow, President and Executive Director, Global Health Council
- Ambassador Bonnie Jenkins, Coordinator for Threat Reductions Program, Bureau of International Security and Nonproliferation, U.S. Department of State
- Moderator: John Monahan, Senior Scholar, O’Neill Institute for National and Global Health Law
Panel 2: “Federal and State Authority and the Role of the Military During Public Health Crises” (12:30 pm – 2:00 pm)
Federal faultlines and the role of the military during responses to public health crises.
- James Hodge, Jr., Professor of Public Health Law and Ethics, Director of Public Health Law and Policy Program, Sandra Day O’Connor College of Law, Arizona State University
- Stephen Dycus, Professor of Law, Vermont Law School
- Robert Salesses, Deputy Assistant Secretary of Defense for Homeland Defense Integration and Defense Support of Civilian Authorities, U.S. Department of Defense
- Francesca Christy Music, Program Director for Health and Medical Support, Office of the Assistant Secretary of Defense for Homeland Defense & Americas’ Security Affairs, U.S. Department of Defense
- Don Boyce, Director of the Office of Emergency Management, Deputy Assistant Secretary, Office of the Assistant Secretary for Preparedness and Response, U.S. Department of Health and Human Services
- Moderator: William C. Banks, Interim Dean, Professor of Law, Founding Director of the Institute for National Security and Counterterrorism, Syracuse University College of Law, JNSLP Editor-in-Chief
Panel 3: “Public Health as a Driver for Conflict and Instability” (2:00 pm – 3:30 pm)
Domestic public health and security, including assessing the adequacy of the U.S. public health regulatory system during public health emergencies and U.S. preparedness for potential acts of bioterrorism.
- Rebecca Katz, Associate Professor of Health Policy and Emergency Medicine,The George Washington University School of Public Health and Health Services
- Jonathan Greene, Acting Director, Health Threats Resilience Division, U.S. Department of Homeland Security
- Richard Jaffe, Director of the Division of Medical Countermeasures, Strategy, and Requirements, Office of the Assistant Secretary for Preparedness and Response, U.S. Department of Health and Human Services
- Daniel Gerstein, Senior Policy Researcher, RAND Corporation
- Moderator: David Koplow, Professor of Law, Georgetown University Law Center
A reception will follow.
To attend, click here.
Trial & Terrorism: The Implications of Trying National Security Cases in Article III Courts
Feb. 11, 2015 | Georgetown Law
Dean William M. Treanor, Georgetown University Law Center
Panel 1: Terror Suspects: Pretrial Considerations in Civilian Terrorism
- Richard Kammen, Criminal Defense Attorney, Kammen & Moudy
- Michael Farbiarz, Senior Fellow, Center on the Administration of Criminal Law & Center for Law and Security; Former Co-Chief at the Terrorism and International Narcotics Unit; and Former United States Attorney’s Office for the Southern District of New York
- Kenneth L. Wainstein, Partner, Cadwalader, Wickersham & Taft LLP; Former Homeland Security Advisor, Former Assistant Attorney General for National Security, DOJ; and Former United States Attorney for the District of Columbia
- Faiza Patel, Co-Director, Liberty & National Security Program, Brennan Center for Justice, New York University School of Law
Jennifer Daskal (moderator), Assistant Professor of Law, American University Washington College of Law
Panel 2: Courtroom Challenges: The Evidentiary and Trial Management Issues That Arise During Terrorism Trials
- Gregg A. Maisel, Chief, National Security Section, United States Attorney’s Office for the District of Columbia
- Geremy Kamens, First Assistant Federal Public Defender, Federal Public Defender’s Office for the Eastern District of Virginia
- Joshua L. Dratel, Founder and President, Joshua L. Dratel, P.C.; Co-Chair of the Select Committee on Military Tribunals, National Association of Criminal Defense Lawyers
- Laura K. Donohue (moderator), Professor of Law, Georgetown University Law Center
Hon. Lewis A. Kaplan, Federal Judge, US District Court for the Southern District of New York
Panel 3: Convicted Terrorists: Sentencing Considerations and Their Implications on Foreign Policy
- Karen J. Greenberg, Professor of Law, Fordham University School of Law; Director, Center on National Security
- Hon. Leonie M. Brinkema; Federal Judge, United States District Court for the Eastern District of Virginia
- Deborah Pearlstein, Assistant Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law
- Hon. Gerald Bruce Lee, Federal Judge, United States District Court for the Eastern District of Virginia
- R. Timothy Reagan, Senior Research Associate, Federal Judicial Center
- Stephen I. Vladeck (moderator), Professor of Law, American University Washington College of Law
Leakers, Whistleblowers, & Traitors: An Evolving Paradigm
Feb. 25, 2014 | Georgetown Law
- William Treanor, Dean, Georgetown Law
Panel 1: The Current Legal Framework
- Martin Lederman, Associate Professor of Law, Georgetown Law Center and Former Deputy Assistant Attorney General, Office of Legal Counsel
- Dan Meyer, Executive Director for Intelligence Community Whistleblowing and Source Protection, Office of the Intelligence Community Inspector General
- Wyndee Parker, National Security Policy Adviser, House Democratic Leader Nancy Pelosi
- Nathan Sales, Assistant Professor of Law, George Mason University School of Law, and Former Deputy Assistant Secretary for Policy Development, Department of Homeland Security
- Laura Donohue (Moderator), Professor of Law, Georgetown Law Center
Panel 2: The Media and Whistleblowers
- Lucy Dalglish, Dean, University of Maryland Philip Merrill College of Journalism and Former Executive Director, Reporters Committee for Freedom of the Press
- Barton Gellman, Pulitzer Prize-Winning Journalist, Washington Post and Time Magazine
- Abbe Lowell, Partner, Chadbourne & Parke LLP
- Gabriel Schoenfeld, Senior Fellow, Hudson Institute and Author of Necessary Secrets: National Security, the Media, and the Rule of Law
- Mary-Rose Papandrea (Moderator), Professor of Law, Boston College Law School
- “Managing Secrets,” Admiral William Studeman, Former Director, National Security Agency and Former Deputy Director and Acting Director, CIA
Panel 3: A New Paradigm of Leaking
- Alex Abdo, Staff Attorney, ACLU National Security Project
- David Cole, Professor of Law, Georgetown Law Center
- Hon. George Ellard, Inspector General, National Security Agency
- Kenneth Wainstein, Partner, Cadwalader, Wickersham & Taft LLP; Former Homeland Security Advisor; and Former Assistant Attorney General for National Security, DOJ
- Stephen Vladeck (Moderator), Professor of Law, American University Washington College of Law
Swimming in the Ocean of Big Data: National Security in an Age of Unlimited Information
Feb. 27, 2013 | Georgetown University Law Center
- Denise Bell, Journal of National Security Law & Policy, Senior Symposium Editor
- Dean William Treanor, Georgetown University Law Center
- William Banks, Journal of National Security Law & Policy Editor-in-Chief and
- Professor of Law, Syracuse University College of Law
Panel 1: Mapping the Ocean (The Fundamentals, Challenges, and Applications of Big Data)
The sheer amount and ever-increasing sophistication of information have overwhelmed systems to store, share, and analyze data. How can the ocean of data be turned into actionable intelligence? How can we harness transformational technology for national security while protecting privacy in a society where people both willingly and unknowingly build large individual databases about themselves?
- Professor Julie Cohen (Moderator), Georgetown University Law Center
- Dr. Matthew Gordon, Forward Deployed Engineer for Legal Intelligence, Palantir Technologies
- Sean Fahey, Vice Provost for Institutional Research, Johns Hopkins University
- Professor Daniel Weitzner, Director, Massachusetts Institute of Technology Computer Science and Artificial Intelligence Laboratory, Decentralized Information Group and Policy Director for Technology and Society, World Wide Web Consortium
Panel 2: Building Sturdy Harbors (A Foward-Looking Law and Policy Framework for Big Date)
What legal and policy framework should be applied to the privacy, civil liberties, and national security issues raised by Big Data collection, storage, sharing, and analysis? Does current law and policy adequately address these concerns? Moving forward, how will and how should law and policy catch up to govern emerging technologies?
- Professor Laura Donohue, Moderator, Georgetown University Law Center
- Jennifer Granick, Director of Civil Liberties, Center for Internet and Society, Stanford Law School
- Alex Joel, Civil Liberties Protection Officer, Office of the Director of National Intelligence
- Rachel Levinson-Waldman, Counsel, Liberty and National Security Program, Brennan Center for Justice
- Paul Ohm, Senior Policy Advisor, Federal Trade Commission and Professor of Law, University of Colorado Law School
- Hon. Rajesh De, General Counsel, National Security Agency
Panel 3: Charting the Future (What to Expect From Big Data)
A solution-oriented roundtable discussion, this panel will feature a case study of a Big Data application under development, followed by a discussion of the legal and policy protections that should be in place to extract value from that application while mitigating the risks associated with its research, national security, and commercial use.
- Professor Stephen Vladeck, Moderator, American University, Washington College of Law
- Adam Isles, Case Study Author, Managing Director, Chertoff Group, LLC
- Mary Ellen Callahan, Partner, Jenner & Block
- Elisebeth Cook, Privacy & Civil Liberties Oversight Board and Counsel at WilmerHale
- John Grant, Civil Liberties Engineer, Palantir Technologies
- Greg Nojeim, Senior Counsel, Center for Democracy & Technology
- Robert O’Harrow, Investigative Reporter, The Washington Post
- Marc Rotenberg, Case Study Author, Executive Director, Electronic Privacy Information Center