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War on Terror
The Federalist Society takes no position on particular legal or public policy initiatives. All expressions of opinion are those of the author or authors. We hope these and other briefing papers will help foster discussion and a further exchange regarding the important issues that will need to be addressed in the coming months.
War Powers and Homeland Defense
- Customary International Law and State Patterns of Cooperation in the Use of Force in Response to Terrorism by Vincent Vitkowsky (December 2006)
- Military Commissions Act of 2006 - Pros & Cons
- The United States and the International Criminal Court (ICC)
- Unlawful Belligerency and its Implications Under International Law
- The Commander in Chief Clause: Delegation of the President's Command Authority
- The War Powers Resolution
- Military Commissions and Other Law Enforcement vs. National Security Issues
- U.S. Armed Forces and Homeland Defense (Prepared for Center for Strategic and International Studies)
- International Law and the Use of Force
- Extraterritorial Arrest Powers
- Wrong Claim, Wrong Party, Wrong Court: Assessing the Petition Brought by a Coalition of Clergy, Lawyers, & Professors on Behalf of Detainees Held by the U.S. Military in Guantanamo Bay, Cuba
- Restoring Congress's Proper Role in Oversight of Covert Intelligence Operations
- Presidential Strategy for Homeland Defense: A Summary of Recent Proposals
- The Just Demands of Peace and Security: International Law and the Case Against Iraq
Dealing with Enemy Combatants
- Fourth Circuit Court Hamdi Decision
- Military Commissions and Other Law Enforcement vs. National Security Issues
- Trying Al-Qaeda Terrorists in the Military Justice System (Published as Heritage Foundation Legal Memorandum)
- An Assessment of the Recommendations of the American Bar Association Regarding the Use of Military Commissions in the War on Terror
Civil Rights and Civil Liberties
- NSA Surveillance Discussion
- The USA PATRIOT Act's "Roving" Electronic Surveillance Amendment to the Foreign Intelligence Surveillance Act
- U.S. Attorney General John Ashcroft address to The Federalist Society 2003 National Lawyers Convention delivered November 15, 2003
- Information Sharing Between the Intelligence and Law Enforcement Communities
- Surveillance and Wiretap Laws
- Racial Profiling
- Monitoring Attorney-Client Communications of Designated Federal Prisoners
- The USA Patriot Act of 2001: Criminal Procedures Sections
- Terrorist Surveillance and the Constitution
The Airlines
Environmental Law
- The Transportation of Hazardous Materials
- National Security vs. Public Disclosure: Emergency Planning and Right to Know Laws
Insurance Markets
- The Terrorism Threat to Insurance Markets
- Should the Government Backstop Insurance Industry Terrorism Coverage?
Labor & Employment Law
- Federal Employment and Reemployment Rights of Members of the Uniformed Services
- Workplace Safety and Security
Terrorism and Litigation Issues
- Ambulance Chasing for Justice: How Private Lawsuits for Civil Damages Can Help Combat International Terror
- The 9/11 Victim Compensation Fund: Overview and Comment
- Collateral Damage: An Examination of Tort Liability Post 9/11
Other Issues
- U.S. Supreme Court decisions in:
Hamdi v. Rumsfeld
Rumsfeld v. Padilla
Rasul v. Bush - Money Laundering
- Combating Bioterrorism: The Product Liability Threat
- Presidential Succession
- United States Immigration Law
- Expanding Trade: A Powerful Weapon Against Terrorism
- The Blocking of Terrorist-Related Assets Under the International Emergency Economic Powers Act
