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- Reforming the State Secrets Privilege
The Center has worked closely with members of Congress to craft legislation that would reform the state secrets privilege. This would allow courts to better resolve lawsuits related to national security, while at the same time protecting important and sensitive information.
- The Laws of War and the Terrorist Threat
The Center is studying the ways that the laws of war can govern the fight against terrorism in the twenty-first century. The Center will soon announce a major initiative to strengthen the committment -- in the United States and the World -- to defeating terrorism through a worldwide legal framework.
- Designing a Bipartisan National Security Court
More than six years after 9/11, the government’s system for detaining terrorists without charge or trial has harmed the reputation of the United States, disrupted alliances, hurt us in the war of ideas with the Islamic world, and been viewed skeptically by our own courts and on both ends of the political spectrum. The Center will work to design a bipartisan solution to this problem by creating a National Security Court that reflects American values and places firm civil liberties constraints on any detention.
- Privatization of Warfare
Over the course of the past decade, and particularly during the conflicts in Iraq and Afghanistan, there has been a striking expansion of the role of private companies in combat zones. The Center has advised congressional staff on legislative reforms to bring military contractors within the rule of law.
- Military commissions litigation
The Center, under Professor Neal Katyal’s leadership, continues to represent Salim Hamdan in his constitutional challenge to the Bush Administration’s military commissions and the Military Commissions Act. On June 29, 2006, in the landmark case Hamdan v. Rumsfeld, the Supreme Court found that the government’s tribunals violated domestic and international law. As former Solicitor General and Duke law professor Walter Dellinger put it, “Hamdan is simply the most important decision on presidential power and the rule of law ever. Ever.” Mr. Hamdan’s challenge is now pending in the Court of Appeals for the District of Columbia.
- Litigation Consulting
The Center works in partnership with lead counsel to provide pro bono legal advice on complex litigation related to national security. This includes offering advice on litigation strategy, and drafting legal memoranda and briefs. If you are interested in speaking with us about litigation, please e-mail the Center.
- The Center provides non-partisan advice to members of Congress and their staffs on issues concerning issues related to national security. For example, the Center has drafted model amendments and pieces of legislation, advised Members of Congress on whether to sign amicus briefs filed in national security litigation, and provided Senate staff with memoranda detailing how proposed legislation will interact with existing statutory and common law provisions. The Center works with Members of Congress on both sides of the aisle. If you work for Congress and would like our assistance with national security law issues, please e-mail the Center.
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