Terror in the balance: security, liberty, and the courts

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Criminal Law and Evidence American Constitutional Law and Politics Judicial and Constitutional Studies

Abstract

Introduction PART I: CONSTITUTIONAL LAW AND THEORY 1. Emergencies, Tradeoffs, and Deference 2. The Panic Theory 3. The Democratic Failure Theory 4. The Ratchet Theory and Other Long-Run Effects PART II: APPLICATIONS 5. Institutional Alternatives to Judicial Deference 6. Coercive Interrogation 7. Speech, Due Process, and Political Trials 8. Military Force Conclusion: Emergency Powers and Lawyers' Expertise Notes Index

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