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• Title: Issues of Method in Analyzing the Policy Response to Emergencies (Response to Richard A. Posner and Adrian Vermuele, Stanford Law Review, Vol. 56, P. 605, 2003)
• Author : Stanford Law School
• Release Date : January 01, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 295 KB

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INTRODUCTION Accommodating Emergencies (1) is a superb representative of what I think of as the second generation of responses by legal scholars to the circumstances brought into existence by the terrorist attacks of September 11, 2001. The first generation of responses consisted of two elements. Administration shills defended every jot and tittle of the policies adopted by the Bush administration. (2) The shills could not bring themselves to admit that, possibly, the policies were not well-thought through on the level of antiterrorism policy, nor that, possibly, the policies raised not insubstantial constitutional questions because the policies might be overly intrusive on constitutional values of equality and privacy. (3) The administration shills were countered--in the first generation by overly excited civil libertarians, who saw in every new Bush administration policy not merely a threat to fundamental constitutional values, but the realization of such threats, portending a descent into totalitarian tyranny, made worse by the fact that the initial steps carefully targeted only non-U.S, nationals but were justified by arguments as to which the targets' citizenship was analytically irrelevant. (4)

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