The nation’s leading forum for conservative and libertarian legal scholarship.

Harvard JLPP

Volume 38 – Issue 1

Security vs. Freedom:
Contemporary Controversies

The Thirty-Third Annual Federalist Society
National Student Symposium on
Law and Public Policy – 2014
3 Why the NSA Data Seizures are Unconstitutional Randy Barnett
21 The Constitution Follows the Drone: Targeted Killings, Legal Constraints, and Judicial Safeguards Martin S. Flaherty
43 Drone On: The Commander in Chief Power to Target and Kill Americans Michael Stokes Paulsen

Articles
63 The Obama Administration’s Unprecedented Lawlessness Senator Ted Cruz
117 Section 702 and the Collection of International Telephone and Internet Content Laura K. Donohue
267 The Paradox of Administrative Preemption David S. Rubenstein
337 The Dynamic Incorporation of Foreign Law and the Constitutional Regulation of Federal Lawmaking Paul J. Larkin, Jr.

Recent Development
437 Whose Religion Matters in Corporate RFRA Claims After Burwell v. Hobby Lobby Stores?, 134 S. Ct. 2751 (2014) Spencer Churchill

Federalist Edition
Volume 2 – Issue 1

Security vs. Freedom:
Contemporary Controversies

The Thirty-Third Annual Federalist Society
National Student Symposium on
Law and Public Policy – 2014
Roundtable Discussion: Privacy and Security
5 Balancing Privacy and Security Steven G. Bradbury
17 The “Not a Search” Game John F. Stinneford
23 Government Discretion in the Age of Bulk Data Collection: An Inadequate Limitation? Julian Sanchez
Debate I: Government Secrets and the Punishment of Leaks
39 On the National Security Leaks Dilemma Roger Pilon
45 Reducing Secrecy: Balancing Legitimate Government Interests with Public Accountability Nadine Strossen
Panel I: Cybersecurity and the NSA
57 Why the NSA Data Seizures are Unconstitutional Randy Barnett
Debate II: FISA Court Secrecy
77 Reforming the Foreign Intelligence Surveillance Court’s Interpretive Secrecy Problem Gregory S. McNeal
Panel II: Military Tribunals
105 Terrorism Trials in Article III Courts Laura K. Donohue
145 Prosecuting a Pre-9/11 Terrorist: The Legal Limits of Military Commissions Deborah Pearlstein
157 Detained Suspected Terrorists: Trial in Military Courts or Civilian Courts? Peter S. Margulies
173 Civil Liberties and the Indefinite Detention of U.S. Citizens Christopher Jenks
Panel III: Drones and Presidential Authority
211 The Constitution Follows the Drone: Targeted Killings, Legal Constraints, and Judicial Safeguards Martin S. Flaherty
233 Cross-Border Targeted Killings: “Lawful but Awful”? Rosa Brooks
251 Targeted Drone Killings: Legal Justifications Under the Bush and Obama Administrations Gregory Katsas
261 Drone On: The Commander in Chief Power to Target and Kill Americans Michael Stokes Paulsen
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About Harvard JLPP

The Harvard Journal of Law & Public Policy is published three times annually by the Harvard Society for Law & Public Policy, Inc., an organization of Harvard Law School students.

The Journal is one of the most widely circulated student-edited law reviews and the nation’s leading forum for conservative and libertarian legal scholarship.

The late Stephen Eberhard and former Senator and Secretary of Energy E. Spencer Abraham founded the journal twenty-eight years ago and many journal alumni have risen to prominent legal positions in the government and at the nation’s top law firms.