NSL-Related Panels @ the AALS Annual Meeting

By Steve Vladeck
Tuesday, January 3, 2012, 9:02 AM

For our law professor readers, I thought I'd put together a quick post summarizing the national security-related panels at this week's AALS Annual Meeting here in Washington, D.C. Four panels, in particular, seem to be oriented toward NSL-ish topics (including three in a row on Saturday). Details below the fold:

  1. Is There a South Asian Jurisprudence? -- Friday, 1/6, 4-5:45 p.m., McKinley Room, Mezzanine Level, Marriott Wardman Park. From the program description: "Drawing on the expertise of the panelists in the fields of national security, labor and development, separation of powers, and corporate law, the panel gleans from these specialties elements of a distinctive South Asian Jurisprudence, if any."
  2. Government Transparency in the Digital Age -- Saturday, 1/7, 8:30-10:15 a.m., Delaware Suite B, Lobby Level, Marriott Wardman Park. (This is the AALS Section on National Security Law's sponsored session.) From the description: "The panel will evaluate the Obama administration’s commitment to an open and accountable government and consider whether its record is significantly different from that of the notoriously secretive Bush administration. In addition, the panelists will discuss the challenges technological developments pose to the government’s ability to control the dissemination of legitimate national security secrets."
  3. National Security and Civil Rights -- Saturday, 1/7, 10:30 a.m.-12:15 p.m., Virginia Suite C, Lobby Level, Marriott Wardman Park. From the description: "In recent years, the Supreme Court has announced decisions in the area of national security that have significant and broad implications for civil rights law and litigation. This panel of distinguished speakers will explore the impact of decisions in the area of immunity, state secrets doctrine, and Bivens liability, with a special emphasis on what they mean for various areas of civil rights law."
  4. War, Terror, and the Federal Courts, Ten Years After 9/11 -- Saturday, 1/7, 1:30-3:15 p.m., Virginia Suite A, Lobby Level, Marriott Wardman Park. This panel, which includes D.C. Circuit Judge Brett Kavanaugh, "will look back on how our response to the tragic events of 9/11 has (and has not) transformed the federal courts. The panelists will also discuss current issues relating to the role of the courts in cases involving terrorism, armed conflict, and intelligence-gathering. Issues to be discussed include the proper roles of Congress, the Executive, and the courts in this area; the power of Congress to control the federal courts’ jurisdiction in cases implicating national security; constitutional limits on the permissible role of non-Article III tribunals for criminal or quasi-criminal proceedings; the availability of remedies for constitutional violations by federal officials and the scope of such officials’ immunity in such cases; and the scope and availability of habeas review."

Also, as part of the Federalist Society's Annual Faculty Conference across the street at the Omni Shoreham, Eugene Kontorovich and I will debate "The Alien Tort Statute, International Law, and the Judiciary," at lunchtime (12:30-2:30 p.m.) on Friday, January 6 in the Diplomat Ballroom. Unlike the AALS events described above, this one's open to the public (details here).