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The Imperial Presidency and the Consequences of 9/11 [Two Volumes] Lawyers React to the Global War on Terrorism
James R. Silkenat and Mark R. Shulman, editors
ISBN: 0-275-99440-6
ISBN-13: 978-0-275-99440-2
520 pages
Praeger Publishers
Publication: 2/28/2007
List Price: $150.00 (UK Sterling Price: £103.95)
Discount Price: $75.00 Sale Price for U.S. Customers Only. Save 50%. Ends 12/31/2009.
Availability: In Stock
Media Type: Hardcover
Also Available: Ebook
Trim Size: 7 x 10
Subjects: Reviews:
  • Silkenat and Shulman collect reports, amicus briefs, and other materials produced by members of the New York City Bar Association commenting on the expansive powers pursued by President Bush in the wake of the September 11th terrorist attacks. The 23 documents, when not presenting recommendations (uniformly ignored by the administration), are overwhelmingly critical of the President's War on Terror policies and judge many of them to be of questionable legality and constitutionality.
    —Reference & Research Book News     5/1/2007
Description: The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade

Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.
Table of Contents:
  • Preface
    Acknowledgments
    About the Editors
    About the Contributors
    Introduction
    Chapter 1 Inter Arma Silent Leges: In Times of Armed Conflict, Should the Laws be Silent? A Report on the Presidents Military Order of November 13, 2001, Regarding Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
    Chapter 2
    The Legality and Constitutionality of the Presidents Authority to Initiate an Invasion of Iraq
    Chapter 3
    Letter to President Bush Concerning the United Nations Charter Obligations Regarding Iraq
    Chapter 4
    Letter from the Association President to President George W. Bush re Human Rights and Security of Women and Girls in Afghanistan
    Chapter 5
    Letter to Honorable William J. Haynes II re Comments on Military Commission Instruction Crimes and Elements for Trials by Military Commissions
    Chapter 6
    Letter to U.S. Department of Defense Inspector General Joseph E. Schmitz re Enemy Prisoners of War and Other Detainees
    Chapter 7
    Amicus Brief: Jose Padilla v. Donald Rumsfeld
    Chapter 8
    A Comment on Legislation to Amend the Agriculture and Markets Law, in Relation to Unlawful Tampering with Animal Activities
    Chapter 9
    The Indefinite Detention of Enemy Combatants: Balancing Due Process and National Security in the Context of the War on Terror
    Chapter 10
    Recommendations Related to the Trial of Saddam Hussein
    Chapter 11
    Human Rights Standards Applicable to the United States Interrogation of Detainees
    Chapter 12
    Dangerous Doctrine: The Attorney Generals Unfounded Claim of Unlimited Authority to Arrest and Deport Aliens In Secret
    Chapter 13
    Letter from the Association President to U.S. Congressman Edward Markey re: HR 4674: The Proposed Legislation Seeking the End of U.S. Involvement in Extraordinary Rendition
    Chapter 14
    NYC Bar Association Issues Statement Opposing House 9/11 Bill
    Chapter 15
    Position Paper by the Committee on Labor and Employment Law re: The right of employees not represented by a labor organization to have a co-worker present during interviews that may lead to the discipline of an employee in light of real or threatened terrorist attacks.
    Chapter 16
    Torture by Proxy: International and Domestic Law Applicable to Extraordinary Renditions
    Chapter 17
    Letter from the Association President to the Honorable Alberto Gonzales re 9/11 Issues
    Chapter 18
    Statement of the Association with Respect to Release or Transfer of Detainees at Guantanamo Bay Naval Station
    Chapter 19
    Letter from the Association President to Representative Edward Markey re HR 952: The Proposed Bill Seeking to End U.S. Involvement in Extraordinary Rendition
    Chapter 20
    Letter from the Association President to Honorable Arlen Specter and Honorable Patrick Leahy re: Nomination of William J. Haynes II to a seat on the U.S. Court of Appeals for the 4th Circuit
    Chapter 21
    Letter from the Association President to Honorable Pat Roberts and Honorable John D. Rockefeller IV re: Hearings on Patriot Act Reauthorization and Revision
    Chapter 22
    Hamdan v. Rumsfeld: The City Bars Amicus Brief
    Chapter 23
    The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments
About the Author: James R. Silkenat is a partner in the firm of Arent Fox PLLC in New York City. He is a former Chair of the 16,000 member ABA Section of International law and helps coordinate Arent Fox's international practice in New York. Formerly Chair of the ABA Committee on the People's Republic of China, he was the founder of the China Law Reporter. He has served as a Fellow of the NEH and as a fellow in the State Department Scholar/Diplomat Program. He is author of more than 100 articles on international law, finance, and public policy.

Mark R. Shulman is Assistant Dean for Graduate Programs and International Affiliations at the Pace University School of Law. Until 2003, he practiced corporate law at the international law firm of Debevoise & Plimpton. Immediately prior to joining Pace, he directed the Worldwide Security Program at the EastWest Institute. He has taught history at Yale University, Columbia's School of International and Public Affairs and the Air War College.
PDF Catalogs:
PSI Reference Spring 2008.pdf
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