National Security Series

To mark the tenth anniversary of the September 11 attacks, Sidebar will publish a September 11 Anniversary series. Series pieces will discuss how American national security law has evolved since September 11, the role of the courts in policing national security issues, and how current threats and challenges are likely to drive future developments in the law. This page will provide updates as articles are published and as events with authors are scheduled.

 

Articles

The Passive-Aggressive Virtues by Stephen I. Vladeck

Preserving Political Speech From Ourselves and Others by Aziz Z. Huq

 

Events

Please join us in continuing the discussion of published articles and broader national security issues at the following events:

 

A Conversation with Professors Jonathan Hafetz & Stephen Vladeck
Moderated by Professor Matthew Waxman

 

Thursday, November 3rd, 2011, 6:15 – 7:45 PM
Jerome Green Hall 546, Columbia Law School
435 West 116th Street
New York, NY 10027

 

Please RSVP to Faiza Sayed at ese@columbialawreview.org.

 

Authors 

 

Robert M. Chesney

Bobby Chesney is the Charles I. Francis Professor in Law at the University of Texas School of Law, a Distinguished Scholar of the Robert S. Strauss Center for International Security and Law, and a Non-Resident Senior Fellow of the Brookings Institution.  In 2009, Professor Chesney served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493, and he also previously served the Intelligence Community as an associate member of the Intelligence Science Board. He currently is a member of the Advisory Committee of the American Bar Association’s Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, a term member of the Council on Foreign Relations, and a member of the American Law Institute. He is a past chair of Section on National Security Law of the Association of American Law Schools (as well as the AALS Section on New Law Teachers) and a past editor of the National Security Law Report (published by the American Bar Association’s Standing Committee on Law and National Security). Professor Chesney has published on an array of topics, including military detention (both from a domestic and an international law perspective), civilian criminal prosecution in terrorism-related cases, and civil litigation involving the state secrets privilege.

 

Professor Chesney is a magna cum laude graduate of both Texas Christian University and Harvard Law School. After law school he clerked for the Honorable Lewis A. Kaplan of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit. He then practiced with the firm Davis Polk & Wardwell in New York (litigation), before beginning his academic career with Wake Forest University School of Law. There he received a teacher of the year award from the student body in one year, and from the Dean in another.

 

Jonathan Hafetz

Professor Jonathan Hafetz focuses his research on national security, human rights, immigration, and constitutional law. He joined Seton Hall Law School as an Associate Professor in 2010. Prior to joining Seton Hall, Professor Hafetz was an attorney at the ACLU’s National Security Project, a litigation director at NYU’s Brennan Center for Justice and a John J. Gibbons Fellow in Public Interest and Constitutional Law at Gibbons, P.C. Professor Hafetz has served as counsel in leading national security habeas corpus cases, including Al-Marri v. Spagone, which involved the military detention of a legal U.S. resident, and Munaf v. Geren, which involved the detention of two American citizens in Iraq. He was a member of the legal teams in Boumediene v. Bush and Rasul v. Rumsfeld in which the Supreme Court recognized the right of Guantánamo detainees to habeas corpus. Other notable cases include Jawad v. Obama (winning the release of a Guantanamo detainee), Slahi v. Obama (habeas corpus challenge on behalf of a Guantanamo detainee), and Meshal v. Higgenbotham (suit challenging the secret rendition of an American citizen in East Africa).

 

Professor Hafetz earned his J.D. from the Yale Law School. He holds an M. Phil in Modern History from Oxford University and a B.A. from Amherst College. He was the recipient of a Fulbright Fellowship from the U.S. Government for study in Mexico. Following law school, Professor Hafetz served as a law clerk to Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York and Judge Sandra L. Lynch of the U.S. Court of Appeals for the First Circuit.

 

Aziz Huq

Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was an Essay & Review Editor for the Columbia Law Review and awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group. His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.

 

Trevor Morrison

Trevor Morrison teaches and writes about constitutional law, federal courts, and national security law. His recent scholarship has focused on executive branch legal interpretation, as well as habeas corpus and executive detention. Professor Morrison was on the faculty of Cornell Law School before joining the Columbia faculty in 2008. He spent 2009 on leave from the Columbia faculty, serving in the White House as Special Assistant and Associate Counsel to the President. Earlier in his career he was a law clerk to Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit (1998-99) and to Justice Ruth Bader Ginsburg of the U.S. Supreme Court (2002-03). In between those clerkships, he was a Bristow Fellow in the U.S. Justice Department’s Office of the Solicitor General (1999-2000), an attorney-advisor in the Justice Department’s Office of Legal Counsel (2000-01), and an associate at Wilmer, Cutler & Pickering (now WilmerHale) (2001-02). Professor Morrison is a member of the American Law Institute, the U.S. State Department’s Advisory Committee on International Law, and the Academic Advisory Board to the ABA Standing Committee on Federal Judicial Improvements. He grew up on Vancouver Island in British Columbia. He received a B.A. (hons.) in History from the University of British Columbia in 1994, and a J.D. from Columbia Law School in 1998.

 

Stephen I. Vladeck

Stephen I. Vladeck is a Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, where his teaching and research focus on federal jurisdiction, constitutional law (especially the separation of powers), and national security law. A nationally recognized expert on the role of the federal courts in the war on terrorism, he was part of the legal team that successfully challenged the Bush Administration’s use of military tribunals at Guantánamo Bay, Cuba, in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), and has co-authored amicus briefs in a host of other lawsuits challenging the U.S. government’s surveillance and detention of terrorism suspects. Professor Vladeck is a senior editor of the peer-reviewed Journal of National Security Law and Policy, and clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit after graduating from Yale Law School in 2004.