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Acknowledgments | |
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Abbreviations | |
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Introduction | |
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Perilous Times: Describing the Threat | |
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The Meaning of National Security | |
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Invoking National Security | |
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Defining National Security | |
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Security, the Rule of Law, and Constitutional Values | |
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Physical Security | |
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Constitutional Values and the Rule of Law | |
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National Security Law | |
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Law and Security | |
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Law and Leadership | |
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Law and Liberty | |
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Constitutional Framework | |
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Separate and Shared Powers: Sources of Constitutional Law | |
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Text | |
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Statutory Gloss and Interpretation | |
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Case Law | |
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Courts and Constitutional Law | |
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Legal Limits on the Exercise of Jurisdiction | |
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Legal Policy and the Exercise of Jurisdiction | |
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Institutional Limitations | |
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Contextual Application of Law | |
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Observations on the Practice of Constitutional Law | |
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Practice as Precedent | |
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Theory as Law | |
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The Volume of Constitutional Decision | |
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Institutional and Political Oversight | |
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Formal and Informal Practice | |
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A Few Good Men and Women | |
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Electronic Surveillance: Constitutional Law Applied | |
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Legal and Historical Background | |
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The Foreign Intelligence Surveillance Act, as Amended | |
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Warrantless Electronic Surveillance | |
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Epilogue | |
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National Security Process | |
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Constitutional Framework and Overview | |
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Executive Decision | |
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Congress | |
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The Media | |
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Non-Governmental Organizations | |
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Presidential Decision-Making | |
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Formal Framework | |
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National Security Council Staff | |
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Informal and Ad Hoc Process | |
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The Office of the Vice President | |
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Appraisal | |
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Intelligence | |
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Bureaucratic and Legal Framework | |
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Legal Framework | |
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Congressional Oversight | |
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National-Military Bifurcation | |
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Intelligence Community | |
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The Five Intelligence Functions | |
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Collection | |
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Analysis and Dissemination | |
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Counterintelligence | |
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Covert Action | |
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Statutory Context | |
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Executive Process and Review | |
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Legal Permits and Constraints | |
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Legal Policy Issues | |
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Liaison | |
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Extradition, Rendition, and Extraordinary Rendition: Law Applied | |
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Conclusion | |
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Use of Military Force | |
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The War Power | |
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Theory and Law | |
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The Common Law of History | |
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The War Powers Resolution | |
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Consultation | |
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Reporting | |
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Sixty-Day Clock | |
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Appraisal | |
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International Law | |
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Resort to Force | |
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Self-Defense | |
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Anticipatory Self-Defense | |
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From Anticipation to Preemption | |
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Protection of Nationals | |
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Security Council Authorization | |
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Humanitarian Intervention and Other Compelling Circumstances | |
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Application of Force - Methods and Means of Warfare | |
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Specific Rules and General Principles | |
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Legal Policy and the Application of the Law | |
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Constitutional Chain of Command | |
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Combatant Commands | |
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Opcon, TacCon, AdCon, and Foreign Command | |
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Appraisal | |
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Homeland Security | |
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Homeland Security Decision-Making Resources, and Legal Framework | |
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The Threat Revisited | |
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Homeland Security Strategy | |
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Decision-Making Structure | |
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Presidential Process and Decision | |
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Sub-Cabinet Coordination | |
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State and Local Coordination | |
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Three Whos: Who Decides? Who Pays? Who Acts? | |
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Federalism | |
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The Military Instrument | |
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Legal Framework | |
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Posse Comitatus | |
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The Insurrection Act | |
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The Stafford Act | |
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Specific Regimes and Appraisal | |
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Nonproliferation | |
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Maritime Security | |
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Public Health | |
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Appraisal | |
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Katrina and the GAO Reality Gap | |
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Toward a Homeland Security Legal Strategy | |
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Herding the Legal Elephants | |
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Use of the Military | |
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Private Sector Responsibilities | |
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Federalism | |
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Principles to Inform Homeland Security Law | |
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Transparency | |
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Dual-Use Capacity/Dual Benefit Policy | |
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Risk Management, Not Risk Acceptance | |
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Concentric Defense | |
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Appraisal | |
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The National Security Lawyer | |
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National Security Legal Practice | |
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The Duty of the National Security Lawyer | |
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Attachments | |
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Notes | |
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Index | |