Print Volumes

The Evolution and Jurisprudence of the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review by Laura K. Donohue The past eight years have witnessed an explosion in the number of publicly-available opinions and orders issued by the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. From only six opinions […]

Pro-Constitutional Engagement: Judicial Review, Legislative Avoidance and Institutional Interdependence in National Security by Nino Guruli This paper examines the role of legislatures and how judicial review can prompt legislative activity. In the national security arena, more emphasis tends to be placed on the dangers of judicial activity—understood as judicial activism—without adequate acknowledgement of the fact […]

Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended? by Susan Landau & Asaf Lubin Edward Snowden’s disclosure of National Security Agency (“NSA”) bulk collection of communications metadata was a highly disturbing shock to the American public. The intelligence community was surprised by the response, as it had largely […]

First Amendment Sentence Mitigation: Beyond a Public Accountability Defense for Whistleblowers by Mailyn Fidler Public accountability defenses for whistleblowers who reveal national security information to the media or the public have largely failed. Courts have rejected such arguments and Congress has not provided a statutory defense. This Article argues that the appropriate place to consider […]