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War Powers

National Insecurity: Is the Law the Enemy's Weapon? - Event Audio/Video

2015 National Security Symposium
Andrew C. McCarthy May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this luncheon address during the 2015 National Security Symposium on April 29 in Washington, D.C.

Luncheon Address: "National Insecurity: Is the Law the Enemy's Weapon?"
11:45 a.m. - 1:00 p.m.

  • Andrew C. McCarthy, Senior Fellow, National Review Institute

April 29, 2015
Washington, DC

Are We @Cyberwar, and If So, How Should We Fight It? - Event Audio/Video

2015 National Security Symposium
Stewart A. Baker, Eric Jensen, Catherine B. Lotrionte, John C. Yoo, Jeremy A. Rabkin May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Panel II: "Are We @Cyberwar, and If So, How Should We Fight It?"
10:30 a.m. - 11:45 a.m.

Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states.  The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security."  It identifies Russia, China, Iran and North Korea as Threat Actors.  An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency
  • Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army
  • Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel
  • Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law

April 29, 2015
Washington, DC

IS It Legal? Legal Authority for the Campaign Against the Islamic State - Event Audio/Video

DC Young Lawyers Chapter and The Alexander Hamilton Society
John Bellinger, Steven G. Bradbury, Rachel Brand, Sarah Hawkins Warren October 24, 2014

The Federalist Society's DC Young Lawyers Chapter and The Alexander Hamilton Society co-hosted this event on October 22, 2014, at the Mayflower Hotel in Washington, DC.

Featuring:

  • John Bellinger, Partner, Arnold & Porter and former Legal Advisor to the Department of State (2005 -2009)
  • Steve Bradbury, Partner, Dechert LLP and former Head of the Office of Legal Counsel, U.S. Department of Justice (2004-2009)
  • Moderator: Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy, U.S. Department of Justice
  • Introduction: Sarah Hawkins Warren, Partner, Kirkland & Ellis LLP and President, DC Young Lawyers Chapter

The Mayflower Hotel
Washington, DC

Drones and Presidential Authority - Event Audio/Video

2014 Annual Student Symposium
Rosa Brooks, Martin Flaherty, Gregory G. Katsas, Michael S. Paulsen, Eileen O'Connor March 25, 2014

Drones and Presidential Authority - Event Audio/VideoA key element of America’s national security strategy has been the use of drones to carry out targeted killings against suspected terrorists. Targeted killings have become increasingly controversial, critics argue that the strikes violate the sovereignty of the nations where the attacks occur, and when those strikes occur outside circumstances of armed conflict amount to extrajudicial killings in violation of international human rights law. The U.S. contends that the strikes are part of America’s armed conflict with al Qaeda, and therefore are lawful strategies pursued pursuant to that armed conflict. Under what circumstances does the President have the authority to order the killing of suspected terrorists? Does he require statutory authorization, such as an Authorization for Use of Military Force, or can he rely on his own inherent power? Is the President bound to abide by treaties and customary international law prohibitions on the use of force? What due process rights are U.S. citizens entitled to when the President chooses to use military force against them? May the President use force against suspected terrorists inside the U.S.?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Panel 3: “DRONES AND PRESIDENTIAL AUTHORITY”
3:45 – 5:30 p.m.
J. Wayne Reitz Union

  • Prof. Rosa Brooks, Professor of Law, Georgetown University Law Center
  • Prof. Martin Flaherty, Leitner Family Professor of Law, Fordham University School of Law
  • Mr. Gregory Katsas, Partner, Jones Day
  • Prof. Michael Stokes Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law
  • Moderator: Hon. Eileen J. O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP

University of Florida Levin College of Law
Gainesville, FL

[Watch or listen now!]

Detained Suspected Terrorists: Try in Military Courts or Civilian Courts? - Event Audio/Video

2014 Annual Student Symposium
Laura Donohue, Christopher Jenks, Peter S. Margulies, Deborah Pearlstein, A. Raymond Randolph March 25, 2014

Detained Suspected Terrorists: Try in Military Courts or Civilian Courts? - Event Audio/VideoThis panel will address the ongoing debate regarding trying, convicting and punishing suspected terrorists. Should military tribunals be abandoned in favor of trying individuals in Article III courts? A mere seven individuals held in Guantanamo Bay have been tried and convicted by military commissions, while DOJ reports that more than 500 individuals have been convicted of terrorism related offenses. What has prevented the trial of suspected terrorists held in Guantanamo Bay? Should military commissions for suspected terrorists and other enemies be abandoned or do they serve a valuable function?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Panel 2: “DETAINED SUSPECTED TERRORISTS: TRY IN MILITARY COURTS OR CIVILIAN COURTS?”
1:45 – 3:30 p.m.
J. Wayne Reitz Union

  • Prof. Laura Donohue, Professor of Law Georgetown University Law Center
  • Prof. Christopher Jenks, Director of the Criminal Justice Clinic and Assistant Professor of Law, Southern Methodist University Dedman School of Law
  • Prof. Peter S. Margulies, Professor of Law, Roger Williams University School of Law
  • Prof. Deborah Pearlstein, Assistant Professor of Law, Benjamin N. Cardozo School of Law
  • Moderator: Hon. A. Raymond Randolph, U.S. Court of Appeals, DC Circuit

University of Florida Levin College of Law
Gainesville, FL

[Watch or listen now!]