Cover image for American national security and civil liberties in an era of terrorism
American national security and civil liberties in an era of terrorism
Cohen, David B., 1967-
First edition.
Publication Information:
New York : Palgrave Macmillan, [2004]

Physical Description:
viii, 248 pages ; 25 cm

Format :


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JC599.U5 A4985 2004 Adult Non-Fiction Central Closed Stacks

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In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Author Notes

CHRISTOPHER P. BANKS, The University of Akron, Ohio, USADAVID B. COHEN, The University of Akron, Ohio, USAALETHIA H. COOK, The University of Akron, Ohio, USABRIAN J. GERBER, Texas Tech University, USACHRISTIAN MARLIN, University of Central Florida, USAJEREL A. ROSATI, University of South Carolina, USAEDWARD R. SHARKEY, Jr., Columbia College, Illinois, USAOTIS H. STEPHENS, JR., The University of Tennessee, Knoxville, USAKENDRA B. STEWART, Eastern Kentucky University, USASUSAN J. TABRIZI, Bucknell University, Pennsylvania, USADANIEL P. TOKAJI, ACLU Foundation of Southern California, USAJOHN W. WELLS, Carson Newman College, Tennessee, USA

Reviews 1

Choice Review

Editors Cohen (Univ. of Akron) and Wells (Carson-Newman College) have gathered 11 essays on civil liberties after 9/11. Presidential, legislative, and judicial politics, and the First Amendment with regard to national security--traditional topics of civil liberties--are adequately addressed, and each is intermixed with pubic interaction at the federal and state levels of government. Although these topics might not be of interest to experienced legal scholars, several enlightening essays are directed specifically toward the aficionado of homeland security. The essay on the Patriot Act is presented in a synthesis produced in part from the numerous law articles that are propagating quickly in academia. Another article deals with air transportation policy, a topic that is not very popular but should be. Unfortunately this chapter has a dearth of journals--and not even one law journal--as sources. The chapter on biological agents, disease containment, and SARS is in dire need of additional information concerning civil liberties. It is perplexing that anthrax is an honorable mention behind SARS, because it is anthrax that has been linked to terrorism. In conclusion, this book can be useful to the public law instructor and will be quite valuable to the homeland security instructor. ^BSumming Up: Recommended. Upper-division undergraduate, graduate, and professional collections. P. Fagan College of the Southwest

Table of Contents

List of Tables
About the Contributors
Introduction: American National Security and Civil Liberties in an Era of TerrorismJohn W. Wells and David B. Cohen
At Odds With One Another: The Tension Between Civil Liberties and National Security in Twentieth Century AmericaJerel A. Rosati
Protecting (or Destroying) Freedom Through Law: The USA PATRIOT Act's Constitutional ImplicationsChristopher P. Banks
Presidential Power, Judicial Deference, and the Status of Detainees in an Age of TerrorismOtis H. Stephens, Jr.
Activist Judges, Responsive Legislators, Frustrating Presidents: International Human Rights, National Security, and Civil Litigation Against Terrorist StatesJohn C. Blakeman
The Needs of the Many: Biological Terrorism, Disease-Containment, and Civil LibertiesDavid B. Cohen and Alethia H. Cook and David J. Louscher
Terrorism, Security, and Civil Liberties: The States RespondEdward R. Sharkey, Jr. and Kendra B. Stewart
Air Transportation Policy in the Wake of September 11th: Public Management and Civil Liberties in an Authority Centralization ContextBrian J. Gerber and Chris J. Dolan
Terrorism, War, and Freedom of the Press: Suppression and Manipulation in Times of CrisisKendra B. Stewart and Christian Marlin
At What Price?: Security, Civil Liberties, and Public Opinion in the Age of TerrorismSusan J. Tabrizi
The Possibility of Dissent in the Age of Terrorism: A First Amendment Problem and a Proposal for ReformDaniel P. Tokaji
The Way Forward: Hobbes or Locke?John W. Wells