The attacks on 9/11, and the nation’s response to them, have challenged both the structure and the substance of the law governing national security. For its 2011 annual symposium, to be held on February 3 and 4, the Rutgers Law Review has brought together a top-notch group of experts to consider the unsettled foundations and uncertain outcomes of the struggle against transnational terrorism and suggest the way toward a rule of law adapted to the new reality.
“The upcoming 10th anniversary of 9/11 was certainly one impetus for selecting this topic,” says Sean Mullen ’11, Law Review editor-in-chief, “but we were also excited to have the chance to work with Dean John Farmer and draw on his expertise and experience in the field of national security law. With his help, we have assembled a group of speakers and panelists who represent all sides of the national security debates our country has engaged in over the last decade.” Speakers include military personnel engaged in counter-terrorism, academics who specialize in national security law, and several current and former members of the federal and state government who have grappled with national security issues.
“Over the course of the event,” adds Mullen, “we hope to explore the tensions that the war on terror has created in our legal system, and the ways in which the nation has tried to deal with those tensions.” Panel topics include the adequacy of the court system in adjudicating terror, congressional oversight of national security, the ethical obligations of professionals, and emerging threats and counter‑measures.
The Thursday, February 3, program will take place at the New Jersey Performing Arts Center and the Friday, February 4, program at the law school. Following is the agenda:
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Unsettled Foundations, Uncertain Results: 9/11 and the Law, 10 Years After | ||
| Thursday, February 3: “Unsettled Foundations” Location: New Jersey Performing Arts Center, One Center Street, Newark, NJ 07102 | ||
| Registration and Breakfast 8 – 9 am | ||
| Welcome and Overview 9 – 9:15 am | John J. Farmer, Jr., Dean, Rutgers School of Law–Newark Carlys Lemler ’11, Co-Chair, 2011 Rutgers Law Review Symposium Elizabeth McPhillips ’11, Co-Chair, 2011 Rutgers Law Review Symposium | |
| Featured Speaker: “The Unsettled Foundations of National Security Law” 9:15 – 9:40 am | The Honorable Thomas Kean, Chief, National Commission on Terrorist Attacks Upon the United States | |
| Panel: “Executive Power and the Fourth Amendment” 9:45 – 11 am | Gregory Mark, Vice Dean, Rutgers School of Law–Newark, moderator William Banks (invited), Director, Institute for National Security and Counterterrorism Alex Gallo, Combating Terrorism Center, U.S. Military Academy Thomas A. Schwartz, Ph.D., Professor of History, Vanderbilt University | |
| Panel: “Truth Commission Proposals and Ethical Obligations: The Duty to Report” 11:15 am – 12:30 pm | Dean John J. Farmer, Jr., moderator Baher Azmy, Professor, Seton Hall Law School Almerindo Ojeda, Director, Center for the Study of Human Rights in the Americas, University of California, Davis Colby Vokey, Fitzpatrick, Hagood, Smith & Uhl LLP James Yee, Former U.S. Army Chaplain at Guantanamo Bay and Executive Director, CAIR | |
| Featured Speaker: “9/11’s Challenge to the Courts” (1:15 – 2 pm) | The Honorable John J. Gibbons, Chief Judge (Ret.), Third Circuit U.S. Court of Appeals | |
| Panel: “The Adequacy of the Court System” 2 – 3:15 pm | Harvey Rishikof, Chair, ABA Standing Committee on law and National Security, moderator Norman Abrams, Professor of Law Emeritus, UCLA Law School Capt. Glenn Sulmasy, U.S. Coast Guard Academy Vincent Vitkowsky, Center for Law and Counterterrorism of the Foundation for the Defense of Democracies Stephen I. Vladeck, Professor, American University School of Law | |
| Panel: “Preventive Detention” 2 – 3:15 pm | Alec Walen, Associate Professor, Rutgers School of Law–Camden, moderator and panelist Col. Morris Davis, Crimes of War Project Christopher Slobogin, Director, Criminal Justice Program, Vanderbilt University Law School Gary S. Thompson, Reed Smith LLP | |
| Featured Speaker: “Government Authority and National Security” 3:25 – 4:10 pm | The Honorable Michael Chertoff, Former Secretary, U.S. Dept. of Homeland Security | |
| Panel: “Congressional Oversight and National Security” 4:10 – 5:15 pm | Ronald Chen, Vice Dean, Rutgers School of Law–Newark, moderator Wyndee Parker, National Security Advisor, Office of the Minority Leader, U.S. House of Representatives Harvey Rishikof Suzanne Spaulding, Bingham Consulting Group LLC | |
| Friday, February 4: “Uncertain Results: Unresolved Legal Issues” Location: Rutgers School of Law–Newark, 123 Washington Street, Newark, NJ 07102 | ||
| Registration and Breakfast 8 – 9 am | ||
| Panel: “Tread Lightly: Pressures on the Media and Reporting Post 9/11” 9 – 10 am | Sandra King, Executive Producer, “Due Process,” moderator Michael Bronner, “60 Minutes” Robert Braun, Columnist, the Star-Ledger Dafna Linzer, Senior Reporter, ProPublica, Inc. Maj. (Ret.) Michael Lyons, Military Analyst, CBS News | |
| Panel: “Emerging Threats and Countermeasures” 10:05 – 11:20 am | The Honorable Thomas Kean, moderator Paul Fishman (invited), U.S. Attorney for the District of New Jersey Charles B. McKenna (invited), Director, New Jersey Office of Homeland Security and Preparedness Raymond M. Brown, Greenbaum Rowe Smith & Davis LLP Michael Hurley, President, Team 3i LLC Christopher A. Kojm, Chairman, National Intelligence Council John A. Russack, Director, Intelligence Community Strategies, Northrup Grumann Information Systems | |
| Panel: “Suspicious Activity Reporting” 11:30 am – 12:45 pm | Richard L. Cañas, Former Director, New Jersey Office of Homeland Security and Preparedness, moderator Michael German, Policy Counsel, American Civil Liberties Union Thomas J. O’Reilly, Director, Nationwide Suspicious Activity Reporting Initiative Program Management Office Harvey Rishikof | |
| Panel: “Law of War Implications” 11:30 am – 12:45 pm | Adil Ahmad Haque, Assistant Professor of Law, Rutgers School of Law–Newark, moderator MG (Ret.) Paul D. Eaton, Former Commander of Training of the Iraqi Military Forces Adam Klein, Columbia Law School Dr. Nicholas Rostow, Senior Director, Center for Strategic Research Institute for National Strategic Studies | |
| Featured Speaker: “The Current State of Homeland Security” 1:15 – 2:15 pm | Ivan Fong, Esq., General Counsel, U.S. Department of Homeland Security | |
| Closing Remarks 2:15 pm | Dean John J. Farmer, Jr. | |