National Security Lawyering: The Best View of the Law as a Regulative Ideal

In The National Security Lawyer in Crisis: When the “Best View” of the Law May Not Be the Best View, Robert Bauer describes the challenges for executive branch lawyers providing advice during a national security crisis. Bauer focuses on two especially perilous episodes in United States history—the Cuban Missile Crisis and the run-up to U.S. involvement in World War II—and analyzes the legal advice Presidents Kennedy and Roosevelt, respectively, received. In both cases, widely respected lawyers gave legal advice that supported the President’s preferred outcome, but almost certainly did not represent what the lawyers considered the best view of the law. The “best view” model of lawyering appears to have no formal or widely recognized definition, either in Bauer’s article or elsewhere in the literature. Perhaps the best articulation of the concept is in the memorandum that sets out the “best practices” for the Department of Justice’s Office of Legal Counsel (OLC), which directs OLC lawyers to “provide advice based on [their] best understanding of what the law requires—not simply an advocate’s defense of the contemplated action or position proposed by an agency or the Administration.” In rendering this advice, they must seek “to provide an accurate and honest appraisal of applicable law, even if that appraisal will constrain the Administration’s or an agency’s pursuit of desired practices or policy objectives.” Bauer takes a dim view of this best view model, which he considers rigid, disconnected from important policy context, and unworkable in a crisis. Bauer proposes an exception to the best view approach for lawyers facing a national security crisis. Lawyers under those circumstances, he argues, should be free to provide alternative legal analysis that supports the preferred policy position, so long as it is credible and made in good faith. Bauer’s proposal to create an exception to the best view standard for crises, however, risks compromising the quality of national security lawyering overall. National security lawyers in the Executive Branch practice in an environment without many of the formal and informal incentives for high-quality legal advice that are common in other fields. The stakes are unusually high, which increases pressure from policymakers. At the same time, there is less external oversight from the courts and Congress, and the secrecy of much of the subject matter makes peer and public input difficult. Because of these challenges, it is important to build into the process of developing national security legal advice as many protections for high-quality legal analysis as possible. The best view standard is such a protection, and a critical one. The best view standard is important to high-quality national security lawyering not because it always results in an objectively “right” legal answer—that is not possible. Instead, the best view standard acts as a guidepost—a regulative ideal— for lawyers, reminding them of their distinctive role in the process and grounding them with an external professional standard. It serves as a counterweight to the inevitable pressures that these lawyers face. It also honors and upholds the unique responsibilities of Executive Branch lawyers to assist the President in carrying out his constitutional responsibility to see that the laws are faithfully executed. Bauer’s proposal to recognize a lower standard in crisis situations would subvert this protection

Science advice to governments: diverse systems, common challenges

This briefing paper formed the basis of discussions at the 'Science Advice to Governments' summit, which took place in Auckland, New Zealand from 28-29 August 2014, and was attended by science advisors and policymakers from 48 countries

Talent Is Ready: Promising Practices for Helping Immigrant Professionals

Outlines the need to better integrate highly skilled immigrants into the workforce, promising practices in assessment and advising, skill building, and organizational capacity building; and tips and insights for nonprofits, funders, and policy makers

Policy Researchers and Policymakers: Never the Twain Shall Meet?

The 1980s have seen the heavy emphasis on economic policymaking. As such, equal emphasis has also been bestowed to the substantial improvement on the principles of analysis and evaluation developed by economists and other social scientists. This article examines the differences between policymakers and researchers and recommends policies to bridge the gap between the two. It then critiques the recommendations and discusses alternative concepts of the impact of social sciences. It concludes by examining the implications for agencies financing research in developing countries.research and development sector, research

Policy Researchers and Policymakers: Never the Twain Shall Meet?

The 1980s have seen the heavy emphasis on economic policymaking. As such, equal emphasis has also been bestowed to the substantial improvement on the principles of analysis and evaluation developed by economists and other social scientists. This article examines the differences between policymakers and researchers and recommends policies to bridge the gap between the two. It then critiques the recommendations and discusses alternative concepts of the impact of social sciences. It concludes by examining the implications for agencies financing research in developing countries.research and development sector, research

How Students Are Making It: Perspectives on Getting Through College From Recent Graduates of the Boston Public Schools

Analyzes public high school graduates' college experiences by level of academic success, including the role of self-management skills, academic advising, and contextual issues related to family, employment, and financial pressures. Makes recommendations

Future directions for scientific advice in Europe

Across Europe, scientific evidence and advice is in great demand, to inform policies and decision making on issues such as climate change, new technologies and environmental regulation. But the diversity of political cultures and attitudes to expertise in different European countries can make the task of designing EU-wide advisory institutions and processes both sensitive and complex. In January 2015, President Juncker asked Commissioner Moedas to report on options for improving scientific advice within the European Commission. At a time when these issues are higher than usual on the political agenda, it is important that the case for scientific advice and evidence-informed policy is articulated and analysed afresh. To support these efforts, this collection brings together agenda-setting essays by policymakers, practitioners, scientists and scholars from across Europe. Authors include Anne Glover, Ulrike Felt, Robert Madelin, Andy Stirling, Vladimír Šucha and Jos van der Meer. Their contributions outline various challenges but also constructive ways forward for scientific advice in Europe

A new way to talk about small business: The time has come for a common language

There is a steady call for policies and programs to help small business lead the charge in hiring more workers and helping to restore prosperity to areas that have been hurt by the recession. To be successful, however, it is time for academics, policymakers, investors, community leaders, and business owners to have a more fruitful discussion about what small business actually needs. Such a discussion is imperative now, during a time of financial crisis, but it is also necessary if we are to help move the sector forward in the coming years. In this paper, we are proposing that we adopt a common language based on a new small business taxonomy that can make this conversation more productive by bridging the communication gaps between various stakeholders. In an effort to create that common language, support policy creation, and enhance future discussions, this paper lays out a a system of policies and programs – a support structure – for small business using a simple taxonomy of small-business categories based on revenue. Ideally, this will lead to more efficient models for small business growth, including much needed job growth as the nation emerges from the recession.Small business ; Small business - Finance

Investing In Veterans: The Need for Career and Education Advising

Federal education benefits for veterans represent a substantial investment -- $18 billion since 2009 under the Post-9/11 GI Bill -- in the development of a skilled American workforce. Unfortunately, this investment does not always pay off because many veterans encounter serious obstacles as they attempt to navigate the difficult terrain of the higher education system and the labor market. Access to career and education advising programs would enable more veterans to successfully complete degrees and to pursue satisfying careers.This paper surveys the career and education advising options currently available to veterans via military reintegration programs, web-based resources, non-profit service providers, and colleges and universities. It concludes that additionalm career and education advising resources are needed -- especially those available to veterans prior to enrollment in postsecondary institutions -- to ensure that veterans are able to take full advantage of their federal education benefits. This paper offers specific recommendations for helping veterans make informed choices about how to use their education benefits at each stage of the transition process

The Advisory Roles of Political Scientists in Europe

This open access book centres on the advisory roles of political scientists in Europe. Based on a cross-national survey, the book offers a comparative analysis of the viewpoints and activities of university-based political scientists on external engagement. Political scientists in Europe appear more extrovert as academics than sometimes thought. In their professional functioning they engage in delivering knowledge and advice to all kinds of stakeholders in the policy process. This volume contains twelve in-depth country studies where different trends are visible, from political regime change to pressure for impact of academic work. The findings from this comparative analysis may inform our orientation on interaction between academics and their social and political environment, and what this means for education and training in university programs in political science