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6 - National Security and Court Deference: Ramifications and Worrying Trends

from Part II - Tracking the Decline of Liberalism

Published online by Cambridge University Press:  25 October 2019

Karen J. Greenberg
Affiliation:
Fordham University, New York
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Summary

Laura Pitter describes the institutionalization of practices and procedures that have virtually stymied national security litigation in US courts. She surveys the evolution of habeas litigation, the deterioration of principles underlying attorney-client privilege, the overaggressive claims based on the states secrets doctrine, and the overclassification of material relevant to these cases. Ultimately, she questions the relationship between these policies and security itself.

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Reimagining the National Security State
Liberalism on the Brink
, pp. 89 - 101
Publisher: Cambridge University Press
Print publication year: 2019

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