Document Type

Article

Publication Date

2006

Abstract

Cases implicating classified information can pose difficult legal issues for Article III courts, and these issues may well grow more complicated and arise more frequently as the global war on terror continues. The manner in which these issues are resolved has profound implications for the national security, for the procedural rights of litigants, and for the public's ability to scrutinize legal proceedings. Indeed, the expanded use of secret evidence in Article III courts may raise questions about the very character of the courts themselves. Is there a point at which the demands placed upon these courts, pushing them in the direction of considering evidence and submissions from both adversaries in less than a fully adversarial and public way, threaten the courts' essential character or even their constitutional role? Are Article III courts equipped to deal with terrorism-related cases that implicate national security information?

Disciplines

Evidence | Law | National Security Law

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