Sale!

In the Common Defense National Security Law for Perilous Times 1st Edition by James Baker 0521877636 9780521877633

Original price was: $50.00.Current price is: $35.00.

In the Common Defense National Security Law for Perilous Times 1st Edition James E. Baker Digital Instant Download

Author(s): James E. Baker
ISBN(s): 9780521877633, 0521877636
Edition: 1
File Details: PDF, 1.54 MB
Year: 2007
Language: english
SKU: EB-1221460 Categories: , Tag:

In the Common Defense National Security Law for Perilous Times 1st Edition by James Baker – Ebook PDF Instant Download/Delivery: 0521877636, 9780521877633

Full download In the Common Defense National Security Law for Perilous Times 1st Edition after payment

Product details:

ISBN 10: 0521877636

ISBN 13: 9780521877633

Author: James E. Baker

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today’s threats and as applied to issues like rendition and electronic surveillance.

Table of contents:

1 Perilous Times: Describing the Threat
2 The Meaning of National Security
A. INVOKING NATIONAL SECURITY
B. DEFINING NATIONAL SECURITY
C. SECURITY, THE RULE OF LAW, AND CONSTITUTIONAL VALUES

  1. Physical Security

  2. Constitutional Values and the Rule of Law

3 National Security Law
A. LAW AND SECURITY
B. LAW AND LEADERSHIP
C. LAW AND LIBERTY

4 Constitutional Framework
A. SEPARATE AND SHARED POWERS: SOURCES OF CONSTITUTIONAL LAW

  1. Text

  2. Statutory Gloss and Interpretation

  3. Case Law
    B. COURTS AND CONSTITUTIONAL LAW

  4. Legal Limits on the Exercise of Jurisdiction

  5. Legal Policy and the Exercise of Jurisdiction

  6. Institutional Limitations

  7. Contextual Application of Law
    C. OBSERVATIONS ON THE PRACTICE OF CONSTITUTIONAL LAW

  8. Practice as Precedent

  9. Theory as Law

  10. The Volume of Constitutional Decision

  11. Institutional and Political Oversight

  12. Formal and Informal Practice

  13. A Few Good Men and Women

5 Electronic Surveillance: Constitutional Law Applied
A. LEGAL AND HISTORICAL BACKGROUND
B. THE FOREIGN INTELLIGENCE SURVEILLANCE ACT, AS AMENDED
C. WARRANTLESS ELECTRONIC SURVEILLANCE
D. EPILOGUE

6 National Security Process
A. CONSTITUTIONAL FRAMEWORK AND OVERVIEW

  1. Executive Decision

  2. Congress

  3. The Media

  4. Non-Governmental Organizations
    B. PRESIDENTIAL DECISION-MAKING

  5. Formal Framework

  6. National Security Council Staff

  7. Informal and Ad Hoc Process
    C. THE OFFICE OF THE VICE PRESIDENT
    D. APPRAISAL

7 Intelligence
A. BUREAUCRATIC AND LEGAL FRAMEWORK

  1. Legal Framework

  2. Congressional Oversight

  3. National–Military Bifurcation

  4. Intelligence Community
    B. THE FIVE INTELLIGENCE FUNCTIONS

  5. Collection

  6. Analysis and Dissemination

  7. Counterintelligence

  8. Covert Action
    a. Statutory Context
    b. Executive Process and Review
    c. Legal Permits and Constraints
    d. Legal Policy Issues

  9. Liaison
    C. EXTRADITION, RENDITION, AND EXTRAORDINARY RENDITION: LAW APPLIED
    D. CONCLUSION

8 Use of Military Force
A. THE WAR POWER

  1. Theory and Law

  2. The Common Law of History

  3. The War Powers Resolution
    a. Consultation
    b. Reporting
    c. Sixty-Day Clock
    d. Appraisal
    B. INTERNATIONAL LAW

  4. Resort to Force
    a. Self-Defense
    b. Anticipatory Self-Defense
    c. From Anticipation to Preemption
    d. Protection of Nationals
    e. Security Council Authorization
    f. Humanitarian Intervention and Other Compelling Circumstances

  5. Application of Force – Methods and Means of Warfare
    a. Specific Rules and General Principles
    b. Legal Policy and the Application of the Law
    C. CONSTITUTIONAL CHAIN OF COMMAND

  6. Combatant Commands

  7. Opcon, TacCon, AdCon, and Foreign Command

  8. Appraisal

9 Homeland Security
PART I HOMELAND SECURITY DECISION-MAKING, RESOURCES, AND LEGAL FRAMEWORK
A. THE THREAT REVISITED
B. HOMELAND SECURITY STRATEGY
C. DECISION-MAKING STRUCTURE

  1. Presidential Process and Decision

  2. Sub-Cabinet Coordination

  3. State and Local Coordination
    D. THREE WHOS: WHO DECIDES? WHO PAYS? WHO ACTS?

  4. Federalism

  5. The Military Instrument
    a. Legal Framework

PART II SPECIFIC REGIMES AND APPRAISAL
A. NONPROLIFERATION
B. MARITIME SECURITY
C. PUBLIC HEALTH
D. APPRAISAL

  1. Katrina and the GAO Reality Gap

  2. Toward a Homeland Security Legal Strategy
    a. Herding the Legal Elephants
    b. Principles to Inform Homeland Security Law

10 The National Security Lawyer
A. NATIONAL SECURITY LEGAL PRACTICE
B. THE DUTY OF THE NATIONAL SECURITY LAWYER

Attachments
Organization of the National Security Council Presidential Decision Directive PDD–2
A. The National Security Council (NSC)
B. The NSC Principals Committee (NSC/PC)
C. The NSC Deputies Committee (NSC/DC)
D. Interagency Working Groups (NSC/IWGs)
Organization of the National Security Council System National Security Presidential Directive NSPD

Notes

  1. Perilous Times: Describing the Threat

  2. The Meaning of National Security

  3. National Security Law

  4. Constitutional Framework

  5. Electronic Surveillance: Constitutional Law Applied

  6. National Security Process

  7. Intelligence

  8. Use of Military Force
    Necessity
    Military Objective
    Discrimination or Distinction
    Basic Rule

  9. Homeland Security

  10. The National Security Lawyer

People also search:

what is the common defense in reference to

what is common defense in america

a national security primer

an example of the government providing national security

Tags: James Baker, Common, Defense, National, Security