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National Security Law, 2/e by Craig Forcese,Leah West Pdf
National Security Law, 2e, is about the law governing the Canadian state's response to serious crises. The book approaches national security law as a system, organizing its discussion of law around five themes: structure, threats, information, response, and accountability. This edition is a comprehensive rewrite of the first edition.
National Security Law and the Constitution by Geoffrey S. Corn,Jimmy Gurule,Jeffrey D. Kahn,Gary Corn Pdf
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering
On 20 October 2014, a terrorist drove his car into two members of the Canadian Armed Forces, killing Warrant Officer Patrice Vincent. Two days later, another terrorist murdered Corporal Nathan Cirillo before storming Parliament. In the aftermath of these attacks, Parliament enacted Bill C-51 -- the most radical national security law in generations. This new law ignored hard lessons on how Canada both over- and underreacted to terrorism in the past. It also ignored evidence and urgent recommendations about how to avoid these dangers in the future. For much of 2015, Craig Forcese and Kent Roach have provided, as Maclean'sput it, the "intellectual core of what's emerged as surprisingly vigorous push-back" to Bill C-51. In this book, they show that our terror laws now make a false promise of security even as they present a radical challenge to rights and liberties. They trace how our laws repeat past mistakes of institutionalized illegality while failing to address problems that weaken the accountability of security agencies and impair Canada's ability to defend against terrorism.
Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh
Author : Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh Publisher : Essentials of Canadian Law Page : 813 pages File Size : 42,9 Mb Release : 2012 Category : Law ISBN : 1552212998
Personal Property Security Law by Ronald C. C. Cuming,Roderick J. Wood,Catherine Walsh Pdf
This book examines the legal framework for secured credit set out in the Personal Property Security Act. This second edition updates the area of personal property security law in Canada with new caselaw, including some important SCC cases clarifying the law or providing the conceptual basis for its further amplification.
This timely casebook provides a complete exploration of both constitutional and domestic law issues of national security, blended with cases, notes, questions, and original materials. The best-selling casebook in the field, National Security Law, Third Edition, Is both current and comprehensive. Some of the effective features that earned the book its leading position include: a cohesive thematic framework that examines policy And The consequences surrounding American use of force, intelligence operations, and counterterrorism efforts rich primary materials, such as judicial opinions, executive correspondence, statutes, and legislative history penetrating hypothetical questions that prompt analysis of the actual issues faced by national security professionals plentiful descriptive text to supply context and informative historical and background materials Material in the Third Edition is especially important in light of current national security issues: Part III, devoted to terrorism and transnational law enforcement, includes the original Osama bin Laden case, American-Arab Anti-Discrimination Committee v. Reno, and materials on consequence management extensive coverage throughout the book of the terrorist attacks of September 11, 2001 with legal analysis of U.S. And international responses U.S. military involvement in Columbia U.S. And NATO activity in Kosovo
The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.
National Security Law in Ireland by Eoin O'Connor Pdf
National security is becoming a global preoccupation. It drives some of the most important political discussions of today, and is increasingly present in public concerns. From a legal perspective, national security is becoming increasingly relevant in the fields of immigration and asylum law and media law in that can affect newspapers' ability to publish stories which concern national security issues. National Security Law in Ireland is the first book of its kind to provide an in-depth examination of the Irish laws concerning national security, in the context of the criminal trial. It covers a wide range of topics such as entrapment, surveillance and interception, the handling of informers, and the constitutional aspects of national security. Distinguishing features of the book include a detailed analysis of the Witness Protection Programme, an examination of recent judgments of the Superior Courts on deportation and naturalisation in relation to national security, as well as the most comprehensive examination of the origins of informer privilege and its development in Irish law to date. This book will be ideal for barristers and solicitors working in the areas of criminal law, asylum/refugee law and judicial review, as well as for those working in the Chief State Solicitor's Office, the Attorney General's Office, the Department of Justice, An Garda Síochána, and the Defence Forces. Eoin O'Connor is a practising barrister. He was called to the Bar in 2008 and began practising in 2009. In 2015 he was awarded his PhD which examined how informer privilege affected the right to a fair trial. In addition, he is an adjunct assistant professor in the Law School of Trinity College Dublin.
Aspen Treatise for National Security Law by Geoffrey S. Corn,Jimmy Gurulé,Eric Jensen,Peter Margulies Pdf
This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market. Key Features Comprehensive overview of both the general legal framework for national security decision-making and commonly explored specific national security topics. Narrative explanation of complex jurisprudential, statutory, treaty, and regulatory sources of national security law. Complements a range of the most commonly addressed national security topics.
Human Rights in Times of Transition by Kasey McCall-Smith,Andrea Birdsall,Elisenda Casanas Adam Pdf
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Security and Law by Charlotte Ducuing,Anton Vedder,Jessica Schroers,Peggy Valcke Pdf
Security and law against the backdrop of technological development.Few people doubt the importance of the security of a state, its society and its organizations, institutions and individuals, as an unconditional basis for personal and societal flourishing. Equally, few people would deny being concerned by the often occurring conflicts between security and other values and fundamental freedoms and rights, such as individual autonomy or privacy for example. While the search for a balance between these public values is far from new, ICT and data-driven technologies have undoubtedly given it a new impulse. These technologies have a complicated and multifarious relationship with security.This book combines theoretical discussions of the concepts at stake and case studies following the relevant developments of ICT and data-driven technologies. Part I sets the scene by considering definitions of security. Part II questions whether and, if so, to what extent the law has been able to regulate the use of ICT and datadriven technologies as a means to maintain, protect or raise security, in search of a balance between security and other public values, such as privacy and equality. Part III investigates the regulatory means that can be leveraged by the law-maker in attempts to secure products, organizations or entities in a technological and multiactor environment. Lastly, Part IV, discusses typical international and national aspects of ICT, security and the law.
Law, Privacy and Surveillance in Canada in the Post-Snowden Era by Michael Geist Pdf
Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.
The Laws of Government by Craig Forcese,Aaron Freeman Pdf
Each chapter deals with a discrete area in the law of democratic governance, providing a detailed account of the relevant legal and policy issues and exploring the nature and likelihood of law reform. It includes original empirical research on judicial and non-judicial governor-in-council appointments, lobbying, and legislative productivity in Parliament.
In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.
Refugee Law by Martin David Jones,Sasha Baglay Pdf
Refugee Law is a concise account of Canadian refugee law, policy, and procedure. It examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection.
