The recently released June issue of New Jersey Lawyer, the bi-monthly magazine of the New Jersey State Bar Association, takes a close look at an extremely topical subject—national security and civil rights.
“The timing of this issue, given the current political climate, could not have been more perfect, or more difficult,” noted Susan Nardone and Bill Singer, who served as co-editors of the edition. “While our esteemed authors were hard at work researching and drafting their articles, there were daily, even hourly, developments that impacted the subjects they were covering. Yet, they persevered, and the end result is a series of well-crafted, thought-provoking articles on a subject that continues to twist and turn.”
Ten articles explore this topic, beginning with an in-depth review of the security/liberty balance from the creation of the nation through the early days of the Trump administration by Eric Chase. In his article, Chase details the growing willingness of courts to adjudicate lawsuits attacking the formerly unquestioned exercise of executive power.
An article by Ahmed Soliman analyzes the Trump executive orders banning travel from specified countries, and the ensuing litigation, tracking the initial split between district courts reviewing the first order, the issuance of the second order and the legal challenges through March 15.
Lisa Trembly and Jennifer Critchley then look at the history and current status of sanctuary cities.
Two authors write from a personal perspective: Professor Frank Askin recalls his involvement, from his teenage years through a long, distinguished career, fighting challenges to government surveillance of political activists. Then Luanne Peterpaul described the use of national security as a cover to discriminate against citizens whose sexual orientation differed from the majority. Although the federal government has now rescinded those policies, the author looks at the current political climate and expresses the need to remain vigilant.
James Ferrelli and Trevor Taniguchi take a historical look at President Franklin Roosevelt’s Executive Order 9066, which ultimately authorized the mass deportation and incarceration of Japanese Americans into military camps during World War II, and the court cases in which the order was challenged and upheld.
C.J. Griffin and Frank Corrado explore how prior restraint on the exercise of First Amendment rights could be measured in the internet age.
Brian Biglin examines the reporter’s privilege, which would ordinarily protect from disclosure information obtained in the newsgathering process, such as information obtain from confidential sources or through leaks.
In a second article, Griffin explores the invocation of national security as a basis for responding to requests for information under the Freedom of Information Act and the resulting interference with the public’s right to know.
The issue closes with an article by Michael Stewart on the collection of biometric data from persons entering the United States, the integration of biometric data in visa applications and other border control documents, and the privacy concerns raised by the sharing of biometric data within and between governments.
The August issue of New Jersey Lawyer will focus on biotechnology, genetics and the law.