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).

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