National Security in the Courts: The Need for Secrecy vs. the Requirement of Transparency

National Security in the Courts: The Need for Secrecy vs. the Requirement of Transparency
Derigan Silver
October 2010

ISBN-13:  978-1-59332-420-9 / Hardcover
Dimensions:  5.5x8.5 / x, 264 pages

Price   $75.00

Description

Silver explores how judges identified the main legal issues in federal cases dealing with national security through the mode of legal analysis they used to reach or justify their conclusions. He explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal. Finally, Silver concludes that the ability to selectively choose which legal issue to focus on and rely on some modes of legal analysis while ignoring others gives the judges the flexibility to mold la regarding national security information.

About the Author

Derigan Silver is an assistant professor in the Department of Media, Film and Journalism Studies at the University of Denver, where he is the director of the MA/JD program. He teaches graduate and undergraduate courses on the First Amendment, media law and Internet law, and is the author of several articles and book chapters on access to government information.