In his essay on domestic surveillance, Philip Heymann explores the ways in which technological advancements have changed expectations of privacy and the legal protections against government intrusion. He outlines current constitutional and other legal protections, including evolving limitations on government activity that could be considered not a “search” under the Fourth Amendment. Heymann concludes with predictions about the future… Continue reading An Essay on Domestic Surveillance
Tag: Separation of Powers
Sentencing Considerations & Their Implications on Foreign Policy
At JNSLP’s Feb. 11, 2015 symposium on “Trials and Terrorism: The Implications of Trying National Security Cases in Article III Courts,” an expert panel was convened to discuss trends in sentencing considerations in Article III terrorism prosecutions, and what the implications for these cases portend for american foreign policy. The panel consisted of a judge, a… Continue reading Sentencing Considerations & Their Implications on Foreign Policy
The Wasp’s Nest: Intelligence Community Whistleblowing & Source Protection
Meyer and Berenbaum analyze the national security policy challenge in balancing protections for Intelligence Community whistleblowers and the government’s legitimate need for secrecy in order to execute the federal intelligence and counterintelligence mission. It is that need for secrecy that creates the intellectual distance between the sovereign’s requirement for information regarding the performance of the… Continue reading The Wasp’s Nest: Intelligence Community Whistleblowing & Source Protection