Aspen Publishing

National Security Law: Principles and Policy, Second Edition

Geoffrey Corn, Jimmy Gurulé, Eric Talbot Jensen, Peter Margulies


  • ISBN: 9781543802788

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  • Description

    This book was developed to provide a student-oriented concise treatise covering the most commonly addressed issues in a national security law course. It provides students comprehensive yet accessible insight into how law, policy, and practice influence national security policy. The authors explain the interaction of constitutional text, judicial opinions, statutes, treaties, and historical practice. The comprehensive coverage provided by this book makes it ideal as either a supplement to a national security law casebook or a stand-alone source for a national security law course. The narrative approach to this book also makes it ideal for teaching national security law and policy in non-law school contexts.

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  • Additional Product Details
    Publication Date: 5/24/19
    Copyright: 2019
    Pages: 541
    Print: 9781543810714
    eBook:  9781543813463

    Summary of Contents

    CHAPTER 1: Separation of Powers and the Original Understanding of the Constitution
    CHAPTER 2: Modern Separation of Powers: The Framework Cases
    CHAPTER 3: War Powers in U.S. History and Practice
    CHAPTER 4: National Security Law and the Use of Military Force
    CHAPTER 5: National Security Law and International Law
    CHAPTER 6: Criminal Process and National Security
    CHAPTER 7: Intelligence Exploitation
    CHAPTER 8: The Power to Detain: From the Framers to Guantanamo
    CHAPTER 9: Military Commissions and the Constitution: From the Revolutionary War to the Aftermath of September 11
    CHAPTER 10: Classification and Protecting Vital National Security Information
    CHAPTER 11: Economic Sanctions and Terrorist Financing
    CHAPTER 12: National Security Law and Emerging Technologies
    CHAPTER 13: Law and Domestic Security Operations
    Table of Cases
  • Author Information

    Geoffrey Corn

    Geoffrey S. Corn is the Vinson & Elkins Professor of Law at South Texas College of Law Houston. Prior to joining the South Texas faculty in 2005, Professor Corn served in the U.S. Army for 21 years as an officer, retiring in the rank of Lieutenant Colonel in 2004, and a final year as civilian legal expert on law of war matters. Professor Corn’s teaching and scholarship focuses on the law of armed conflict, national security law, criminal law, and criminal procedure. His Army career included service as the Army’s senior law of war expert advisor, tactical intelligence officer in Panama; supervisory defense counsel for the Western United States; Chief of International Law for US Army Europe; Professor of International and National Security Law at the US Army Judge Advocate General’s School; and Chief Prosecutor for the 101st Airborne Division. He earned is B.A. from Hartwick College in Oneonta, NY, his JD with highest honors from George Washington University, his LLM as the distinguished graduate from the U.S. Army Judge Advocate General’s School. He is also a distinguished military graduate of U.S. Army Officer Candidate School, and a graduate of U.S. Army Command and General Staff Course. Professor Corn has testified as an expert witness at the Military Commission in Guantanamo, the International Criminal Tribunal for the Former Yugoslavia, and in federal court. He is co-author of The Law of Armed Conflict: An Operational Perspective; The Laws of War and the War on Terror; National Security Law and Policy: Principles and Policy; U.S. Military Operations: Law, Policy, and Practice; National Security Law and the Constitution, and Law in War: A Concise Overview (with K. Watkin and J. Williamson).

    Eric Jensen

    Eric Talbot Jensen is a professor of law at Brigham Young University in Provo, Utah, and recently returned to BYU after serving for a year as the Special Counsel to the Department of Defense General Counsel. Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard. Professor Jensen is a graduate of Brigham Young University (B.A., International Relations), University of Notre Dame Law School (J.D.), The Judge Advocate General’s Legal Center and School (LL.M.) and Yale Law School (LL.M.). Professor Jensen is an expert in the law of armed conflict, public international law, national security law, and cyber warfare. He was one of the group of experts who prepared the Tallinn Manual on the International Law Applicable to Cyber Warfare and is currently working on the Tallinn Manual dealing with cyber operations more generally. In addition to The Law of Armed Conflict: An Operational Perspective, he is co-author on The Laws of War and the War on Terror, and National Security Law and Policy: A Student Treatise. He is the author of more than thirty law journal publications focusing on international law, national security law, cyber law and international criminal law.

    Jimmy Gurulé

    Jimmy Gurulé, an expert in the field of international criminal law, specifically, terrorism, terrorist financing, and anti-money laundering, joined the Notre Dame Law School faculty in 1989, and in 1996 became a full professor. A member of the Utah State Bar since 1980, Professor Gurulé has worked in a variety of high-profile public law enforcement positions including as Under Secretary for Enforcement, U.S. Department of the Treasury (2001-2003), where he had oversight responsibilities for the U.S. Secret Service, U.S. Customs Service, Bureau of Alcohol, Tobacco, and Firearms, Financial Crimes Enforcement Network, Office of Foreign Assets Control, and the Federal Law Enforcement Training Center; Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice (1990-1992); and Assistant U.S. Attorney, where he served as Deputy Chief of the Major Narcotics Section of the Los Angeles U.S. Attorney’s Office (1985-1989). Among his many successes in law enforcement, Professor Gurulé was instrumental in developing and implementing the U.S. Treasury Department’s global strategy to combat terrorist financing and the 2001 and 2002 National Money Laundering Strategy.

    Professor Gurulé is an internationally recognized expert in the fields of terrorist financing and anti-money laundering, has delivered lectures on these subjects before: the Italian Banker’s Association, Milan, Italy; Military Center for Strategic Studies, Rome, Italy; Austrian Defense Academy, Vienna, Austria; Euroforum, Madrid, Spain; World Economic Forum, Davos, Switzerland; Indian Banker’s Association, Calcutta, India; Institute for International Bankers, New York City, and Comandancia de la Policia Nacional, Asuncion, Paraguay.

    Professor Gurulé has co-authored National Security Law: Principles and Policy (Wolters Kluwer 2d ed. 2019); Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime (Juris. Publ. 4th ed. 2019); Handbook of Criminal and Terrorism Law (Palgrave McMillan 2018); International Criminal Law (Carolina Academic Press 4th ed. 2013); Criminal and Forensic Evidence (LexisNexis 4th ed. 2014); Principles of Counter-Terrorism Law (Thompson-West 2011). Professor Gurué is the sole author of Unfunding Terror: The Legal Response to the Financing of Global Terrorism (Edward Elgar 2008), and Advanced Introduction to Counter-Terrorism Law (Edward Elgar forthcoming 2021).

    Professor Gurulé was selected as a member of the United Nations expert working group on "Public Corruption and the Negative Impact of the Non-Repatriation of Funds of Illicit Origin on the Enjoyment of Human Rights.” He has served as a consultant to the American Bar Association Rule of Law Initiative advising the governments of Belize and Bahrain on criminal justice reform. Professor Gurulé has also served as an expert witness and consultant on several high profile anti-money laundering and counter-terrorism cases, including the 1983 terrorist bombing of the U.S. Marine barracks in Beirut, Lebanon, and 1998 terrorist bombings of the U.S. embassies in Kenya and Tan