[Download] "Litigating the State Secrets Privilege (Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity)" by Case Western Reserve Journal of International Law " Book PDF Kindle ePub Free

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eBook details

• Title: Litigating the State Secrets Privilege (Somebody's Watching Me: Surveillance and Privacy in an Age of National Insecurity)
• Author : Case Western Reserve Journal of International Law
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 329 KB

Description

The state secrets privilege raises important separation of powers and institutional competence questions, especially for courts. Congress can statutorily modify this common-law evidentiary privilege, which should facilitate judicial management of civil litigation with national security implications. Under the Foreign Intelligence Surveillance Act, for example, district courts are expressly authorized to evaluate the legality of government electronic surveillance in special proceedings. This article describes some of the practical litigation problems that arise even when Congress authorizes courts to review claimed national security secrets in the context of a case alleging that the National Security Agency engaged in unlawful warrantless wiretapping. ([dagger]) I. INTRODUCTION

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