Publications
Liberty & National Security

Unchecked and Unbalanced: Presidential Power in a Time of Terror

Unchecked and Unbalanced: Power in a Time of Terror (New Press) is an exploration of the expansion of executive power in the wake of 9/11, and provides a comprehensive analysis rooted in legal and political history of the current Administrations theory of unlimited presidential license. Now in paperback.

Authored by: Frederick A. O. Schwarz and Aziz Huq
– 04/01/08

Twelve Steps to Restore Checks and Balances

Executive Privilege. Extraordinary Rendition. Torture Memos and other secret legal opinions. Warrantless wiretapping.  Indefinite detention.  Suspension of habeas corpus. America’s system of checks and balances is eroding, upsetting the delicate balance of power set forth in the Constitution. Twelve Steps to Restore Checks and Balances proposes specific reforms designed to keep the nation secure and free, as the Constitution’s Framers intended.

Authored by: Aziz Huq
– 01/01/08

Ten Things You Should Know About Habeas Corpus

This white paper seeks to help answer questions regarding habeas corpus by explaining the facts and correcting the misconceptions surrounding this hot-button issue.

Authored by: Jonathan Hafetz
– 05/17/07

The Secrecy Problem in Terrorism Trials

Authored by: Serrin Turner and Stephen J. Schulhofer
– 06/07/05