Trends & Predictions in Foreign Intelligence Surveillance: The FAA & Beyond

David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date… Continue reading Trends & Predictions in Foreign Intelligence Surveillance: The FAA & Beyond

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 Implications of Trying National Security Cases in Article III Courts

The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that… Continue reading The Implications of Trying National Security Cases in Article III Courts