National security in the courts : the need for secrecy vs. the requirement of transparency / Derigan Almond Silver.

Format:

Book

Author/Creator:

Silver, Derigan Almond.

Series:

Law and society (New York, N.Y.)

Law & society : recent scholarship

Language:

English

Subjects (All):

Freedom of the press--United States.

Freedom of the press.

Freedom of information--United States.

Freedom of information.

National security--Law and legislation--United States.

National security.

Censorship--United States.

Censorship.

Physical Description:

1 online resource (273 p.)

Edition:

1st ed.

Place of Publication:

El Paso : LFB Scholarly Pub., 2010.

Language Note:

English

Summary:

Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and rely on some modes of legal

Contents:

CONTENTS; Acknowledgements; CHAPTER 1: Introduction; Liberal Democratic Theory and the First Amendment; Government Secrecy and National Security; Judicial Decision Making; CHAPTER 2: Prior Restraints; Prior Restraints, National Security and the Press; Prior Restraints, National Security and GovernmentEmployees; Prior Restraints, National Security and theUSA PATRIOT Act; Prior Restraints and the Judiciary; CHAPTER 3: Post-publication Punishments; Post-publication Punishments and National Security; Post-publication Punishments and the Judiciary; CHAPTER 4: Access

Access to National Security InformationAccess to National Security Locations; Access to Judicial Proceedings and Documents; CHAPTER 5: Conclusion; National Security and Transparency Frames; National Security and Transparency Factors; Comparing National Security to Judiciary Cases; Conclusion; References; Case Index; Subject Index

Notes:

Description based upon print version of record.

Includes bibliographical references and indexes.

ISBN:

9781593326548

1593326548

OCLC:

818818944