Friday, February 5, 2010

national security, policy and law - Investigations

Orin kerr - George Washington
Paul Ohm - Colorado
Samuel Rascoff  - NYU

Notes from this session follow:

Orin -  fourth amendment different in national security than civil law

two easy explanations - article 2 presidential authority, and FISA has by statute trumped constitutional issues

3rd reason - in expanding role of warrant clause outside criminal investigations
courts are not able to answer the questions related to the warrant clause

flexible warrant requirement -

battery dying

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