CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Sunday, November 1, 2009

"Reforming the State Secrets Privilege"

That's the title of a short piece at The Legal Workshop summarizing a forthcoming note in the New York University Law Review An excerpt:

My Note builds the case that administrative law-based reforms, like the ones proposed by the Obama administration, will deter executive branch abuse more effectively than judicial review alone by discouraging invocation of the privilege in the first place.  I argue that administrative law mechanisms have been used effectively in other areas of national security law to deter abuse.  By making invocation of the privilege more administratively burdensome and by putting the professional credibility of officials who will not benefit personally from the invocation of the privilege on the line, the reforms proposed in my Note would more effectively discourage over-reaching in the state secrets privilege context.

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