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Book Cover
E-book
Author Silver, Derigan Almond

Title National Security in the Courts : the Need for Secrecy vs. the Requirement of Transparency
Published El Paso : LFB Scholarly Pub. LLC, 2010

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Description 1 online resource (273 pages)
Series Law and Society
Recht und Gesellschaft
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
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
Bibliography Includes bibliographical references and indexes
Notes English
Print version record
Subject Freedom of the press -- United States
Freedom of information -- United States
National security -- Law and legislation -- United States
Censorship -- United States
LAW -- Constitutional.
LAW -- Public.
Censorship
Freedom of information
Freedom of the press
National security -- Law and legislation
United States
Form Electronic book
LC no. 2010022963
ISBN 9781593326548
1593326548