Journalism Prof. Derigan Silver's new book, National Security in the Courts: The Need for Secrecy vs. the Requirements for Transparency, was just published by LFB Scholarly Publishing. The book, part of the publisher's Law and Society Series, explores how judges identified the main legal issue and the mode of legal analysis they employed to justify their decision in federal cases dealing with national security. The book explains how national security/transparency cases are as much about separation of powers issues as they are about balancing transparency with national security. In addition, although legal precedent remains important, judges have other, less traditional tools at their disposal in these cases. Finally, the book concludes that the ability to selectively choose which legal issues to focus on and to rely on some modes of legal analysis while ignoring others gives judges the flexibility to mold law regarding national security information.
Silver's new book explores transparency in federal court cases
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