Overview

The issue of post-9/11 government surveillance has pervaded the news media for several years, and the debate spawned by this controversy has left several important questions unanswered: what are the Constitutional and statutory underpinnings of U.S. surveillance law? How exactly has the Patriot Act change that statutory law? How exactly does the government's use of the Patriot Act run counter to Constitutional rights? Has the Bush Administration roamed beyond even the wide parameters provided by that Act? Can the FBI be reined-in at this point? In The Patriot Act: The Decline of Legitimacy in the Age of Terrorism, Professor Tim Casey speaks from his dual experience as a criminal lawyer and professor of law to address these vital questions. By explaining both the history of surveillance law and the ways in which the three branches of government are currently implementing that law, Casey elucidates a subject far too complex to be adequately summarized in a newspaper or magazine article.By writing about this challenging issue with an accessibility unusual in legal scholarship, Casey has produced a book equally useful to educated citizens wishing to know their rights and to criminal lawyers seeking to navigate a quickly changing and somewhat obscure realm of regulations, statutes, and case law. In anticipation of a new Executive Branch administration in Washington, Casey offers an eloquent argument for why the current practices of the DOJ and FBI should be reformed and replaced with constitutionally sound policy. To be successful, such change will require a concerted effort between Congressional committees, law enforcement agencies, courts, and politically active citizens. In this brief but comprehensive new book, Tim Casey provides the legal template for realizing that change.

Full Product Details

Author:   Timothy Casey (Case Western Research University School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 18.40cm , Height: 3.20cm , Length: 26.30cm
Weight:   0.003kg
ISBN:  

9780195370393

ISBN 10:   0195370392
Publication Date:   01 October 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Awaiting stock  
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Table of Contents

PART I: ; THE PRE-9/11 LEGAL FRAMEWORK ; A. LAW AND TECHNOLOGY: 1934 TO 1967 ; 1. THE FOURTH AMENDMENT ; 2. TELEPHONY AND WIRETAPPING TECHNOLOGY ; 3. OLMSTEAD V. UNITED STATES (1934) (BRANDEIS, DISSENTING) ; 4. FEDERAL COMMUNICATIONS ACT OF 1934, 605 ; 5. ON LEE V. UNITED STATES (19) ; 6. LOPEZ V. UNITED STATES (19) ; 7. NATIONAL SECURITY ACT (1947), AMENDED (1949) ; B. REDEFINING THE RIGHT TO PRIVACY AND EXPANDING LAW ENFORCEMENT POWERS ; 1. BERGER V. NEW YORK (1967); KATZ V. UNITED STATES (1967) ; 2. OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (A.K.A., TITLE III) ; 3. MILLER V. UNITED STATES (1971); SMITH V. MARYLAND (1979) ; 4. KARO V. UNITED STATES (1981); KNOTTS V. UNITED STATES (1983) ; C. A LEGITIMACY CRISIS ; 1. UNITED STATES V. UNITED STATES DISTRICT COURT (1972) ; 2. CHURCH COMMISSION REPORTS (1976) ; D. EXPANDING POWERS OF THE INTELLIGENCE AGENCIES ; FOREIGN INTELLIGENCE SURVEILLANCE ACT (1978) ; E. THE DIGITAL AGE ; 1. INTERNET AND ELECTRONIC MAIL TECHNOLOGY (1986) ; 2. ELECTRONIC PRIVACY COMMUNICATIONS ACT (1986) ; 3. ADVANCED ENCRYPTION TECHNOLOGY ; 4. COMMUNICATIONS ASSISTANCE TO LAW ENFORCEMENT ASSISTANCE ACT (1994) ; F. RESURRECTION OF TRESPASS THEORY ; KYLLO V. UNITED STATES (2001) ; PART II: ; THE USA PATRIOT ACT ; A. AN OVERVIEW OF THE USA PATRIOT ACT OF 2001 ; 1. ORGANIZED INTO TEN TITLES: ; I: ENHANCING DOMESTIC SECURITY AGAINST TERRORISM ; II: ENHANCED SURVEILLANCE PROCEDURES ; III: INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST FINANCING ACT OF 2001 ; IV: PROTECTING THE BORDER ; V: REMOVING OBSTACLES TO INVESTIGATING TERRORISM ; VI: PROVIDING FOR VICTIMS OF TERRORISM, PUBLIC SAFETY OFFICERS, AND THEIR FAMILIES ; VII: INCREASED INFORMATION SHARING FOR CRITICAL INFRASTRUCTURE PROTECTION ; VIII: STRENGTHENING THE CRIMINAL LAW AGAINST TERRORISM ; IX: IMPROVED INTELLIGENCE ; X: MISCELLANEOUS ; 2. REAUTHORIZATION OF THE PATRIOT ACT IN MARCH, 2006 ; B. SPECIFIC PROVISIONS OF THE PATRIOT ACT IN PRACTICE ; 1. ACCESS TO COMMUNICATIONS: AMENDMENTS TO TITLE III, THE EPCA AND FISA ; 2. ACCESS TO RECORDS: NATIONAL SECURITY LETTERS ; 3. IMMIGRATION REFORMS ; PART III: CONSOLIDATION OF POWER AND THREAT TO LEGITIMACY ; A. CONGRESS CEDES AUTHORITY TO THE EXECUTIVE: AUMF, 2001; MILITARY ; COMMISSIONS ACT ; B. JUDICIARY CEDES AUTHORITY TO THE EXECUTIVE: PEN REGISTER CASES ; C. EXECUTIVE EXTENDS THE REACH OF ITS AUTHORITY: ; 1. NSA CASES: ACLU V. NSA (E.D. MICH. 2006) & HEPTING V. ATT (N.D. CALIF. 2006) ; 2. SIGNING STATEMENTS: E.G. POSTAL ENHANCEMENT AND ACCOUNTABILITY ACT ; 3. (GUANTANAMO BAY) ; 4. (EXTRAORDINARY RENDITIONS) ; 5. CONTROLLING THE DOJ ; D. THREATS TO LEGITIMACY

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Professor Timothy Casey: B.A. (Boston College); J.D. (University of California, Hastings) LL.M. (Columbia) Mr. Casey practiced criminal law with the Legal Aid Society in New York City, first with the Trial Division and then with the Criminal Appeals Bureau. He later trained newly hired attorneys and developed a niche practice in coram nobis litigation (a procedure that helps restore wrongfully convicted defendants to their pre-conviction status). He joined the Case Western Reserve Law School faculty in 2004, arriving from Columbia Law School where, as an Associate in Law, he developed and taught the Criminal Practice Clinic. In 2003, he was awarded a Public Policy Fellowship at Columbia's School of International and Public Affairs. In 2004, he was presented with the Presidential Teaching Award at Columbia University, and in 2005, he received a UCITE Learning Fellowship at Case Western Reserve University. His scholarly interests include public institutional design and specialized courts, and he recently published an article on juvenile drug courts, When Good Intentions are Not Enough: Problem Solving Courts and the Impending Crisis of Legitimacy, 57 SMU L. Rev. 1459. Mr. Casey currently teaches the Criminal Justice Clinic at Case Western.

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