Constitutional & Legal Issues


M - R


Manget, Fred F. "Another System of Oversight: Intelligence and the Rise of Judicial Intervention." Studies in Intelligence 39, no. 5 (1996): 43-50.

"In effect, the judicial review of issues touching on intelligence matters has developed into a system of oversight.... Congressional inroads on all types of executive branch foreign affairs powers ... increased in the 1970s." Judicial oversight exists "in effective and powerful ways that go far beyond the conventional wisdom that national security is a cloak hiding intelligence activities from the Federal judiciary.... Federal judges are the essential third part of the oversight system in the United States, matching requirements of the laws to intelligence activities and watching the watchers."

Manget, Fred F. "Restitution: A Better Way of Dealing with the Wrongful Appropriation of Classified Government Secrets?" International Journal of Intelligence and Counterintelligence 4, no. 1 (Spring 1990): 23-37.

"[U]nder recent developments in intellectual property law, the government may also [in addition to the available criminal legal sanctions against a government employee who makes an unauthorized disclosure of government secrets] have legal recourse against the person who receives and uses classified information without authorization. Legal sanctions are available through the use of well-recognized principles of the civil law of wrongs which are called torts.... The consistent principle in modern intellectual property law is that profits of infringement should be forfeited, especially in the case of intentional infringement."

Moore, John Norton, Frederick S. Tipson, and Robert F. Turner, eds. National Security Law. Durham, NC: Carolina Academic Press, 1990. Moore, John Norton, and Robert F. Turner, eds. National Security Law. 2d ed. Durham, NC: Carolina Academic Press, 2005.

Commenting on the second edition of this work, Henseler, NWCR 59.1 (Winter 2006), finds that the editors "have gone to great lengths to create ... an up-to-date casebook that covers not only the fundamentals of national security law but also new areas in the law that are burgeoning as we enter the twenty-first century.... Most notably, they place a clear emphasis on national security issues that have arisen in the post–Cold War era.... Moore and Turner have succeeded in producing a comprehensive, well organized, extremely well written casebook filled with seminal cases, insightful commentary, and stimulating questions for discussion."

Moore, John Norton, Guy B. Roberts, and Robert F. Turner, eds. National Security Law Documents. 2d ed. Durham, NC: Carolina Academic Press, 2005.

From publisher: This "companion volume to the casebook National Security Law ... brings together a wealth of documents ranging from ... George Washington's Farewell Address and George Kennan's Long Telegram to important international conventions, domestic laws, executive orders, and departmental regulations on such matters as FBI counter-terrorism investigations and State Department treaty procedures."

National Law Journal. "Former Employee Sues CIA over Memoirs." 25, no. 74 (24 Mar. 2003).

Jeffrey Sterling, a former CIA operations officer, "has sued the agency [Sterling v. Central Intelligence Agency, No. 03-CV-603 (D.D.C. March 4)], alleging violation of his First Amendment right to publish. Sterling charges that the CIA has improperly made rulings relating to his memoirs, which he was required to submit to the agency for approval.... Sterling's suit seeks only declaratory and injunctive relief, asking the court to establish that he has a First Amendment right to publish his memoirs and to prohibit the agency from bringing criminal or civil legal proceedings against him."

Oakes, James L. "The Doctrine of Prior Restraint Since the Pentagon Papers." University of Michigan Journal of Law Reform 15, no. 3 (Spring 1982): 497-519.

Calder: Includes discussion of the Marchetti and Snepp cases.

Palay, Marc. "The Fourth Amendment and Judicial Review of Foreign Intelligence Wiretapping: Zweibon v. Mitchell." George Washington Law Review 45, no. 1 (Nov. 1976): 55-99.

Calder: Deals with "charges by the Jewish Defense League that the Justice Department wiretapped JDL headquarters without a warrant.... Government asserted a right to tap based on presidential power to conduct foreign affairs."

Pincus, Walter. "Court to Review Spies' Right To Sue CIA Over Broken Vow." Washington Post, 29 Jun. 2004, A12. [http://www.washingtonpost.com]

On 28 June 2004, the U.S. Supreme Court agreed to review a U.S. Court of Appeals for the 9th Circuit decision "that permitted an alleged husband-wife Cold War spy team to sue the CIA for allegedly breaking a promise to provide them financial and personal security for life after they carried out espionage for the United States."

Preston, Stephen W. "CIA and the Rule of Law." Journal of National Security Law & Policy 6, no. 1 (2013). [http://jnslp.com/]

The author is CIA General Counsel. "For those working at the confluence of law and national security, the President has made clear that ours is a nation of laws, and that an abiding respect for the rule of law is one of our country's greatest strengths, even against an enemy with only contempt for the law. This is so for the Central Intelligence Agency no less than any other instrument of national power engaged in the fight against al Qaeda and its militant allies or otherwise seeking to protect the United States from foreign adversaries...: Just as ours is a nation of laws, the CIA is an institution of laws, and the rule of law is integral to Agency operations."

Quigley, John. "Missiles with a Message: The Legality of the United States Raid on Iraq's Intelligence Headquarters." Hastings International and Comparative Law Review 17 (Winter 1994): 241-274. [Calder]

Ransom, Harry Howe. "The Intelligence Function and the Constitution." Armed Forces and Society 14, no. 1 (Aug. 1987): 43-63.

Riccardi, Michael A. "Israeli Who Spied for CIA Loses Breach of Contract Suit." New York Law Journal, 17 Apr. 2001. [http://www6.law.com]

According to U.S. District Judge I. Leo Glasser, in Kielczynski v. United States Central Intelligence Agency, 00 CV 539, "secret information agreements to which a United States government agency is a party cannot be enforced in the courts for public policy reasons. Judge Glasser explained that the need for confidentiality in the exchange of secret information justifies a broad exclusion of these cases from the courts."

Rindskopf, Elizabeth R. "Intelligence Law Challenges in the New World." American Intelligence Journal 13, no. 3 (Summer 1992): 33-37.

CIA General Counsel, 1990-1995; NSA, 1984-1989; Principal Deputy Legal Adviser, Department of State, 1989-1990.

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