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2 results

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

  • from Part II - Tracking the Decline of Liberalism
  • Edited by Karen J. Greenberg, Fordham University, New York
  • Book:
    Reimagining the National Security State
    Published online:
    25 October 2019
    Print publication:
    07 November 2019, pp 89-101

  • 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.