(Papers to be published in American University Law Review)
One or more additional presenters will be selected from a call for papers.
This panel 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. The format of the program will be a moderated conversation, in which the moderator will pose questions to the panelists and field questions from the audience.
Business Meeting at Program Conclusion.