nationalsecuritylaw updated agenda of events for AALS next week

December 31, 2010

This is an updated recommended agenda for those of you attending the AALS annual meeting in San Fran next week. It includes one additional event, first thing Friday morning, as well as additional info regarding particular sessions.

* NSL-events to put on your calendar if you are going to the AALS annual meeting in San Fran in January

Are you a law prof going to the AALS annual meeting in San Francisco in January? If so, put all of this on your calendar!

Friday January 7th


Hot Topics Panel – The Cutting Edge of Extraterritoriality (Yosemite C Room on the ballroom level of the Hilton). I know that at least one panelist (Chimene Keitner of Hastings) intends to discuss the extraterritorial application of the Constitution in relation to Boumediene, al-Maqaleh, al-Awlaki, and Ali v. Rumsfeld. I believe that the other panelists include Hannah Buxbaum, Bill Dodge, and Anthony Colangelo, and that they will be address questions of extraterritoriality in statutory contexts.

2:15-3:30 – location still TBD – be sure to let me know ASAP if you plan to join us.

Impromptu Roundtable

There’s nothing particularly relevant for national security law on Friday the 7th (so far as I know), so Steve Vladeck and I thought it would be fun to have an impromptu roundtable to talk about issues such as targeted killing, wikileaks, and, as always, GTMO. No location selected yet, but if you are interested let me know so I can tell you where we end up going.

Saturday January 8th


Section on Fed Courts, “The Roberts Court and Official Immunity Doctrine” (apropos of the al Kidd litigation)

Cyril Magnin III, Fourth Floor Level, Parc 55 Wyndham San Francisco Union Square

The Roberts Court and Official Immunity Doctrines

(Papers to be published in Fordham Law Review)

Moderator: Thomas H. Lee, Fordham University School of Law

Speakers: Scott L. Nelson, Public Citizen, Washington, DC

Kevin C. Newsom, Esquire, Bradley Arant Boult Cummings LLP, Birmingham, AL

James E. Pfander, Northwestern University School of Law

When, and how, may officers acting (or purporting to act) on behalf of a government (federal, state, local, or foreign) be sued in federal court? Just as the largely symbolic sovereign immunity of the states was a recurring issue in the decisions of the Rehnquist Court, enabling the more practical immunities of the officers who embody sovereign authority has become a theme of the early Roberts Court. Recently, the Court unanimously reversed prior precedent requiring federal courts to adjudicate whether a constitutional right was violated in deciding a official’s claim to immunity because the right was not "clearly established." The decision came on the heels of pressure from lower court judges who objected to the necessity of deciding the constitutional right question first. And, in 2010, the Court decided a case involving the immunity of foreign officers sued for violations of international law under the Alien Tort State. In the upcoming term, the Court will decide a case involving the absolute immunity of prosecutors. This panel will address the history, doctrine, and policy justifications of officer immunity in the United States.


Section on Immigration Law, “Due Process in the Era of Mass Immigration Detention”

Cyril Magnin 1, Fourth Floor Level, Parc 55 Wyndham San Francisco Union Square

Due Process in the Era of Mass Immigration Detention

Moderator: Nancy Morawetz, New York University School of Law

Speakers: Raha Jorjani, University of California, Davis School of Law

Anil Kalhan, Drexel University Earle Mack School of Law

Peter Markowitz, Benjamin N. Cardozo School of Law Yeshiva University

David A. Martin, Principal Deputy General Counsel, U.S. Department of Homeland Security, Washington, DC

During the past two decades there has been a surge in immigration detention. Today, the detention system is massive and growing. Although nominally a system of civil detention, it operates under norms developed for incarceration. Detainees are held in a sprawling complex of local jails, federal detention centers and private facilities and are routinely transferred between facilities. These detainees are processed through a variety of mechanisms. Some will appear before an immigration judge and may later pursue administrative appeals and judicial review. Others will face administrative removal orders or reinstatement of old removal orders by deportation officers with limited review. Still others will be encouraged to stipulate to removal while they are being held in custody.

This panel will explore due process questions in this system of mass detention. The panelists will look at whether due process can be achieved without a right to counsel and whether there are reforms short of such a right that can improve due process.


Committee on Research, “Book Publishing Workshop”

Granted, the connection to NSL here is thin, but I include this both because it is inherently interesting and because several of the editors on the panel have at least some interest in this topic and hence you might want to meet them to discuss any NSL-related book ideas you may have.

Imperial A, Ballroom Level, Hilton San Francisco Union Square

Book Publishing Workshop for the Aspiring Legal Scholar

Co-Moderators: Robin Paul Malloy, Syracuse University College of Law

Lynn Mather, University at Buffalo Law School State University of New York

Speakers: John Berger, Senior Editor, Cambridge University Press, New York, NY

Chris Collins, Acquisitions Editor, Oxford University Press, New York, NY

Debbie Gershenowitz, Senior Editor, NYU Press, New York, NY

Tara Gorvine, Acquisitions Editor, Edward Elgar Publishing Inc., Northampton, MA

Alison Kirk, Ashgate Publishing Limited, East Surrey, United Kingdom

Elizabeth Knoll, Senior Editor, Harvard University Press, Cambridge, MA

Making the transition from writing law review articles or completing a dissertation to writing a book is a daunting task, especially if you do not have a strong mentor to guide you through the process. The Committee seeks to assist interested scholars in learning the ins and outs of book publishing so that they can enhance their publishing success. There are, of course, many types of books (academic books, trade books, casebooks, student study aids, authored books, and edited books, for example). Due to time constraints, this workshop will focus on scholarly and academic books rather than casebooks or practice materials. It is also important to note that there are many excellent publishers to consider when pursuing a book project. Since we could not, of course, include everyone on our panel, we direct all of our attendees to visit the AALS Exhibit Hall to explore the full range of the publishing options available.

Led by authors with experience at preparing and soliciting manuscripts in a variety of categories, this workshop seeks to bridge the gap between being a productive scholar and a first time book author. Editors from several book publishers will explain what they look for in reviewing a book proposal and how their press approaches the contract and publishing process.

Some of the questions to be answered by the workshop include:

• How does one determine the type of book that best fits an individual’s research program and professional goals? (For example, trade books, casebooks, academic books, authored book or edited book).

• How does one chose an appropriate publisher for a given book idea and proposal?

• What should be in a book proposal, and what else should be sent with a proposal?

• Does one need to submit a full manuscript with a book proposal?

• How does writing a book differ from a law review article or a dissertation?

How does the peer review process work?

• What questions should be asked of an editor and what might one expect in a publishing contract?

• What can one expect from a publisher with respect to publication of materials on SSRN, or in other sources prior to book publication and post publication?

• What can one expect in discussions of royalties or the choice between a hardback and soft cover book?

• What are the key stages in the book publication process and about how long might they take?

The session will be conducted as a conversation with the moderators posing questions to the various participants. There will be time set aside for audience questions. Attendees are encouraged to visit with workshop speakers and with the editorial representatives of other publishers in the AALS Exhibit Hall (open Wednesday through Friday).


Section on National Security Law Luncheon (Note- need a ticket for this one. Well worth it though; aside from being an amazing scholar, Trevor served in the White House Counsel’s Office over the past two years)

Keynote Speaker: Trevor W. Morrison, Columbia Law School, “Thoughts on Detention, Law, and the Courts”

Date & Time: Saturday, January 8, 12:15 – 1:15 p.m.

Location: Parc 55, Stockton Room (4th Floor)

(Tickets were sold in advance of the Annual Meeting. Tickets may be purchased at On-Site Registration until 7:00 pm on Friday, January 7 if space is available. Tickets will not be for sale at the luncheon.)


Section on National Security Law, “The Relationship Between Military Justice, Civil/Military Relations, and National Security Law”

Topic: “The Relationship Between Military Justice, Civil/Military Relations, and National Security Law “

Date & Time: Saturday, January 8, 1:30 – 3:15 p.m.

Location: Hotel Nikko, Peninsula Room (25th Floor)


Stephen I. Vladeck, American University Washington College of Law


Mario L. Barnes, University of California, Irvine Donald Bren School of Law

Eugene R. Fidell, Yale Law School

Elizabeth L. Hillman, University of California Hastings College of the Law

Diane H. Mazur, University of Florida Fredric G. Levin College of Law

Description: Although military law and justice issues are at the core of many contemporary national security debates, they tend to get short shrift in academic discourse. This panel of experts—each of whom has served as either a uniformed or civilian military lawyer—will attempt to rectify that shortcoming, covering topics including the current state of civil/military relations; the ongoing controversy over stop-loss; the continuing implications of Don’t Ask, Don’t Tell; current issues in the military criminal justice system; and the more general relationship between military law and national security law today. Separate from these individual topics, the panel will focus more generally on the state of military law, and on areas for both substantive and pedagogical reform going forward.

Business Meeting at Program Conclusion.