nationalsecuritylaw scholarship on the public-safety exception

April 27, 2013

I circulated this some time back, but for obvious reasons it seems worth recirculating now:

Mirandizing Terrorists? An Empirical Analysis of the Public Safety Exception

Joanna Wright

Columbia Law Review

October 12, 2011

Columbia Law Review, Vol. 111, p. 1296, 2011

Abstract:
The Quarles Public Safety Exception (“PSE”) exempts testimony from Miranda’s exclusionary rule and admits un-Mirandized statements made in response to questions intended to secure public safety. Recently, legislators, advocates, and academics have questioned the PSE’s ability to accommodate the unique challenges of terrorist interrogations, calling for legislative modification to or the elimination of suspected terrorists’ constitutional right to Miranda warnings. Before concluding that such drastic measures are necessary, this Note advocates for a logical, grounded assessment of the judiciary’s actual application of the PSE, learning as much as possible from the past case law to gauge exactly how courts utilize the PSE. This analysis examines whether or not the PSE is, in fact, capable of handling the unique challenges of terrorist interrogations. This Note conducts an empirical study of the PSE, systematically categorizing every state and federal court opinion that definitively asserts the appropriate application of the PSE, filtering the opinions through different metrics and variables relevant to terrorist interrogations. Ultimately, this Note concludes that the PSE is a fact-sensitive, capacious device equipped to properly handle the unique nature of terrorist interrogations, due largely to its malleability in the hands of the courts. Part I tracks the doctrinal evolution of confessions law leading up to the PSE. Part II presents the results of an empirical examination of the entire universe of Quarles case law. Part III pinpoints individual opinions that showcase features of the PSE particularly relevant to the debate. The data and analysis show, in conclusion, that Miranda warnings coupled with the PSE empower law enforcement to adequately interrogate suspected terrorists.


nationalsecuritylaw call for papers: Fordham Urban Law Journal, Terrorism and Cities

April 27, 2013

The Fordham Urban Law Journal has decided to focus an issue on “The New Normal: The Lasting Effect of Terrorism on Our Cities.” This seems like a very timely and interesting idea, and if you are interested please have a look at the attached call for papers for more details.

ArticleSoliciation_Terrorism.pdf


nationalsecuritylaw United States v. Tsarnaev (D. Mass. Apr. 15, 2013)

April 22, 2013

The criminal complaint against Dzhokar Tsarnaev is attached, and the press release appears below:

criminal complaint 130421 1847.pdf


nationalsecuritylaw upcoming event: Targeted Killings Away From a “hot” Battlefield: Exploring the Legal Issues

April 17, 2013
Targeted Killings Away From a “hot” Battlefield: Exploring the Legal Issues
Tuesday, May 28, 2013 6:00 pm-7:30 pm

Registration:
There is no charge for this program. Register

Targeted killings away from a “hot” battlefield have provoked controversy. Although there has been some public disclosure, the topic remains murky and opaque. This panel, composed of leading experts, aims to address two key questions: (1) what are the proper legal standards to guide decisions about targeted killing outside a combat zone; and (2) who should be involved in authorizing or reviewing such decisions.

Moderator: JAMES J. BENJAMIN, JR., Akin Gump Strauss Hauer & Feld LLP

Speakers: HON. JAMES ROBERTSON, U.S. District Court for the District of Columbia (retired); MATTHEW C. WAXMAN, Professor of Law and Faculty Co-Chair,Roger Hertog Program on Law and National Security, Columbia Law School; SARAH H. CLEVELAND, Louis Henkin Professor in Human and Constitutional Rights; Faculty Co-Dir., Human Rights Institute, Columbia Law School; HINA SHAMSI, Director, ACLU National Security Project

Sponsored by: Task Force on National Security and the Rule of Law, Jim Benjamin, Chair

Event Location: 42 West 44th St. (bet. 5th & 6th Ave.)


nationalsecuritylaw upcoming event on targeted killing

April 17, 2013

Targeted Killings Away From a “hot” Battlefield: Exploring the Legal Issues
Tuesday, May 28, 2013 6:00 pm-7:30 pm
Event Location
: 42 West 44th St. (bet. 5th & 6th Ave.)

Registration:
There is no charge for this program. Register

Targeted killings away from a “hot” battlefield have provoked controversy. Although there has been some public disclosure, the topic remains murky and opaque. This panel, composed of leading experts, aims to address two key questions: (1) what are the proper legal standards to guide decisions about targeted killing outside a combat zone; and (2) who should be involved in authorizing or reviewing such decisions.

Moderator: JAMES J. BENJAMIN, JR., Akin Gump Strauss Hauer & Feld LLP

Speakers: HON. JAMES ROBERTSON, U.S. District Court for the District of Columbia (retired); MATTHEW C. WAXMAN, Professor of Law and Faculty Co-Chair,Roger Hertog Program on Law and National Security, Columbia Law School; SARAH H. CLEVELAND, Louis Henkin Professor in Human and Constitutional Rights; Faculty Co-Dir., Human Rights Institute, Columbia Law School; HINA SHAMSI, Director, ACLU National Security Project

Sponsored by: Task Force on National Security and the Rule of Law, Jim Benjamin, Chair


nationalsecuritylaw upcoming USIP three-day course in IHL and IHRL

April 16, 2013

From the US Institute of Peace:

The United States Institute of Peace is offering a course on International Humanitarian Law and Human Rights as part of its highly regarded Academy for International Conflict Management and Peacebuilding. The Academy provides practitioner-oriented education, training, and resources via facilities at USIP’s Washington headquarters, mobile training in conflict zones abroad, and online distance education and training.

This course on IHL and HR runs May 14-16, 2013 and will focus on key questions: Why do we have these bodies of law? How do they apply? What is the practical impact of human rights and humanitarian law in conflict-affected states? How do these two bodies of law interact? How are human rights and international humanitarian law relevant to practitioner’s work in the field? The three-day course will be delivered through a variety of methodologies that seek to maximize the learning experience, with an emphasis on problem-based learning.

Additional course and registration information is available at http://www.usip.org/education-training/courses/human-rights-and-international-humanitarian-law


nationalsecuritylaw Upcoming event: Cybersecurity at Roger Williams June 17-20

April 10, 2013

Upcoming event at Roger Williams (Newport, RI):

Cyber Threats and Cyber Realities: Law, Policy, and Regulation in Business, the Professions and National Security

From June 17-20, Roger Williams University will host an Institute in beautiful Bristol, Rhode Island on the legal and policy landscape of cyber risks, foreign and domestic. Cybersecurity has recently taken center stage for government, business, and the professions. Former Defense Secretary Leon Panetta warned last fall about the prospect of a “cyber Pearl Harbor.” A cyber security firm recently traced back to a Chinese government agency a wave of cyber intrusions that harvested information about U.S. critical infrastructure. Cyber crime has also proliferated, through burgeoning efforts to steal trade secrets, undermine privacy and confidentiality in health care and legal data, and defraud unknowing consumers through trafficking in misappropriate passwords. While cyber is increasingly important, only a few experts and practitioners have a working knowledge of how cyber interacts with law, policy, and regulation. Cyber Threats and Cyber Realities fills that gap.

Cyber Threats and Cyber Realities, jointly sponsored by the Roger Williams University School of Law and School of Justice Studies, will be an interactive forum with nationally known experts and practitioners on cyber law, policy, and regulation. Organized in two two-day modules, attendees will learn about domestic law and policy on June 17-18, and international law and national security on June 19-20. In addition to informative panels, each module will include as a capstone experience a simulation that offers participants an opportunity to collaborate in resolving a regulatory challenge or national security crisis.

Attendance in the event is open to lawyers, law enforcement personnel, health-care administrators, corporate employees, legal and other academics, and J.D. and other graduate and undergraduate students. A CLE application (including all-important Ethics credit) is pending. Roger Williams J.D. students can get one academic credit for each module, or two credits for completing both (including an exam). School of Justice Studies students may use participation in the conference as part of a for-credit directed research project. J.D. and other students from other institutions should consult with their schools regarding credit eligibility. Students who get at least one credit will also receive a certificate showing their completion of a course of study in cybersecurity.

Costs: For lawyers, other professionals, and students not seeking academic credit: $150/day, $275/two-day module, $475 for all four days. J.D. and other RWU students will pay standard tuition per credit; students at other schools should consult their own institution.

For more information, contact Events Office at lawevents@rwu.edu or call (401)254-4659.

Preliminary schedule:

I. DOMESTIC LAW, POLICY, AND REGULATION

Monday

9:00 a.m.: Cyber Risks in the Domestic and International Realms

Dr. John Savage, Brown University

Timothy Edgar, Fellow, Watson Institute for International Studies, Brown University (formerly Director of Privacy and Civil Liberties, White House National Security Staff)

10:30 a.m.: Cyber and Privacy Threats

Linn Foster Freedman, Nixon Peabody

Theresa Murray, former Director, Rhode Island Emergency Management Association

Dr. Doug White, Roger Williams University School of Criminal Justice

1:00 p.m.: Intellectual Property and Torts:

Prof. Zoe Argento, Roger Williams University School of Law

Prof. Michael Rustad, Suffolk University School of Law (invited)

3:00 p.m.: Legal Ethics and Preventing Cyber Threats to Client Secrets

Prof. Peter Margulies, Roger Williams University School of Law

Linn Foster Freedman, Nixon Peabody

Tuesday:

9:00 a.m.: Domestic Regulation of Cyber Security: The Legislative Outlook and Policy Landscape

Paul Rosenzweig, Esq. (formerly Dep’t of Homeland Security)

Allan Friedman, Brookings Institution

Jonathan Schneider, Stinson Morrison Hecker LLP

Prof. Nathan Sales, George Mason University School of Law

10:30 a.m.: Cyber Crime: Constitutional Limits and the Reach of Federal Law

Prof. Mary-Rose Papandrea, Boston College School of Law (invited)

Prof. Victor Hansen, New England Law School

1:00 p.m.: Simulation: Threading the Needle: Passing a Federal Cyber Regulation Statute

4:00 p.m.: Conclusion

II. CYBER IN INTERNATIONAL LAW, NATIONAL SECURITY, AND THE LAW OF ARMED CONFLICT

Wednesday, June 19,

9:00 a.m.: The Global Threat Environment:

Col. James G. Bitzes, USAF, Cyber Com Staff Judge Advocate (invited)

Col. Gary Brown, USAF (Ret.), Deputy Legal Director, International Committee of the Red Cross (ICRC) Regional Delegation for the U.S. and Canada

10:30 a.m.: The Organizational Structure of Responses to Cyber Threats:

Paul Rosenzweig, Esq. (formerly Dep’t of Homeland Security)

Allan Friedman, Brookings Institution

Prof. Nathan Sales, George Mason University School of Law

1:00 p.m.: The Use of Force in the Cyber Context

Prof. Michael N. Schmitt, Chair, International Law Department, U.S. Naval War College

Prof. Laurie Blank, Emory University School of Law (invited)

3:00 p.m. The Conduct of War and Cyber Operations

Gary Brown, ICRC

Prof. Michael N. Schmitt, Naval War College

Thursday:

9:00 a.m.: Cyber Attacks and International Human Rights:

Glenn Sulmasy, Chair, Humanities Department, U.S. Coast Guard Academy

Dr. Michael C. Fowler, Adjunct Professor, Roger Williams University (invited)

10:30: Legal Ethics and Cyber Defense:

Maj. Gen. Charles J. Dunlap, Jr. USAF (Ret.), Director, Center for Law, Ethics, and National Security, Duke University School of Law (invited)

Prof. Peter Margulies, Roger Williams

1:00 p.m.: Simulation: A Cyber Pearl Harbor: Threats and Responses

4:00 Conference Conclusion