National Security Pedagogy: The Role of Simulations

This article challenges the dominant pedagogical assumptions in the legal academy. It begins by briefly considering the state of the field of national security, noting the rapid expansion in employment and the breadth of related positions that have been created post-9/11. It considers, in the process, how the legal academy has, as an institutional matter, responded to the demand. Part III examines traditional legal pedagogy, grounding the discussion in studies initiated by the American Bar Association, the Carnegie Foundation, and others. It suggests that using the law-writ-large as a starting point for those interested in national security law is a mistake. Instead, it makes more sense to work backwards from the skills most essential in this area of the law. The article then proposes six pedagogical goals that serve to distinguish national security law: (1) understanding the law as applied, (2) dealing with factual chaos and uncertainty, (3) obtaining critical distance—including, inter alia, when not to give legal advice, (4) developing nontraditional written and oral communication skills, (5) exhibiting leadership, integrity, and good judgment in a high-stakes, highly-charged environment, and (6) creating continued opportunities for self-learning. Equally important to the exercise of each of these skills is the ability to integrate them in the course of performance. These goals, and the subsidiary points they cover, are neither conclusive nor exclusive. Many of them incorporate skills that all lawyers should have—such as the ability to handle pressure, knowing how to modulate the mode and content of communications depending upon the circumstances, and managing ego, personality, and subordination. To the extent that they are overlooked by mainstream legal education, however, and present in a unique manner in national security law, they underscore the importance of more careful consideration of the skills required in this particular field. Having proposed a pedagogical approach, the article turns in Part IV to the question of how effective traditional law school teaching is in helping to students reach these goals. Doctrinal and experiential courses both prove important. The problem is that in national security law, the way in which these have become manifest often falls short of accomplishing the six pedagogical aims. Gaps left in doctrinal course are not adequately covered by devices typically adopted in the experiential realm, even as clinics, externships, and moot court competitions are in many ways ill-suited to national security. The article thus proposes in Part V a new model for national security legal education, based on innovations currently underway at Georgetown Law. NSL Sim 2.0 adapts a doctrinal course to the special needs of national security. Course design is preceded by careful regulatory, statutory, and Constitutional analysis, paired with policy considerations. The course takes advantage of new and emerging technologies to immerse students in a multi-day, real-world exercise, which forces students to deal with an information-rich environment, rapidly changing facts, and abbreviated timelines. It points to a new model of legal education that advances students in the pedagogical goals identified above, while complementing, rather than supplanting, the critical intellectual discourse that underlies the value of higher legal education

Encouraging Corporate Innovation for Our Homeland During the Best of Times for the Worst of Times: Extending Safety Act Protections to Natural Disasters’

This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. This article argues that one way to increase the utility of the SAFETY Act and provide more value for the American public is for Congress to extend SAFETY Act protections, by amendment or new legislation, to cover risk related to national catastrophes

Local Voices: Citizen Conversations on Civil Liberties and Secure Communities

The informed and active involvement of citizens in government at all levels has long been a goal of the League of Women Voters. The League has also been highly attentive to issues of civil rights and civil liberties throughout its history. As a result, the League of Women Voters Education Fund, the citizen education and research arm of the League, initiated a multi-faceted approach to enhancing both public and policymaker understanding of the issues involved in the complex interaction of civil liberties and homeland security.In 2005, with generous funding from the John D. and Catherine T. MacArthur Foundation, the Education Fund launched a project entitled Local Voices: Citizen Conversations on Civil Liberties and Secure Communities. The project has three main components.One component involved facilitating ten public deliberations in communities across the country in June 2005. The League asked the Study Circles Resource Center (SCRC), a national organization that works to advance deliberative democracy, to be a partner in this project. In collaboration with the League, SCRC developed a discussion guide, provided advice to local Leagues as they prepared for the public deliberations, and trained local discussion facilitators at the ten sites. The hosts were the Leagues in: Baltimore, Maryland; Black Hawk-Bremer counties, Iowa; Brookhaven, New York; Columbia, Missouri; Dallas, Texas; Lexington, Kentucky; Los Angeles, California; Miami, Florida; North Pinellas County, Florida; and Seattle, Washington. Each site hosted between 50 and 100 community members for four to six hours of conversation. Insights from these forums were collected in two forms: observations recorded by trained note takers in break-out discussions (approximately six to ten participants in each) at every site and a post-deliberation individual participant survey. Questionnaires, developed by Lake Snell Perry Mermin/Decision Research (LSPM/DR), were completed by more than 650 participants. The results areiincluded in the report. (See Appendix A for more information.)The other two components of the project involved qualitative and quantitative public opinion research to explore attitudes and values toward homeland security and civil liberties. The League hired LSPM/DR to conduct six focus groups in three cities: Bakersfield, California; Dallas, Texas; and Richmond, Virginia. In addition, LSPM/DR conducted an analysis of national polling data that provide reflections of Americans' opinions toward homeland security and civil liberties.The findings from all components of the Local Voices project are chronicled in this report. Neither this report nor the ultimate Congressional action on the USA PATRIOT Act by any means signals the end of the issue or the need for conversation on this important topic.The issues -- and the decisions -- involved in the intersection between civil liberties and homeland security will continue to evolve and manifest themselves in various ways. The consequences of the decisions this country makes will have lasting effects on every American, in their lives and communities, and on the nation as a whole.This report presents a number of findings and insights gleaned from the range of public input obtained during the Local Voices project. These findings are identified and then described at length in the following pages. Some are focused on specific topics within the current debate, and some are more general and far-ranging.At the conclusion of this report, the League presents a series of recommendations. These relate to the ways government at all levels, as well as community institutions, the media, and the public itself, can work to strengthen public understanding, public involvement and public confidence in the conversations, decisions and trade-offs that have been and will continue to be made about homeland security and civil liberties

Fabrication of a Self-Assembled and Flexible SERS Nanosensor for Explosive Detection at Parts-Per-Quadrillion Levels from Fingerprints

Apart from high sensitivity and selectivity of surface-enhanced Raman scattering (SERS)-based trace explosive detection, efficient sampling of explosive residue from real world surfaces is very important for homeland security applications. Herein, we demonstrate an entirely new SERS nanosensor fabrication approach. The SERS nanosensor was prepared by self-assembling chemically synthesized gold triangular nanoprisms (Au TNPs), which we show display strong electromagnetic field enhancements at the sharp tips and edges, onto a pressure-sensitive flexible adhesive film. Our SERS nanosensor provides excellent SERS activity (enhancement factor = ∼6.0 × 106) and limit of detection (as low as 56 parts-per-quadrillions) with high selectivity by chemometric analyses among three commonly military high explosives (TNT, RDX, and PETN). Furthermore, the SERS nanosensors present excellent reproducibility (<4.0% relative standard deviation at 1.0 μM concentration) and unprecedentedly high stability with a “shelf life” of at least 5 months. Finally, TNT and PETN were analyzed and quantified by transferring solid explosive residues from fingerprints left on solid surfaces to the SERS nanosensor. Taken together, the demonstrated sensitivity, selectivity, and reliability of the measurements as well as with the excellent shelf life of our SERS nanosensors obviate the need for complicated sample processing steps required for other analytical techniques, and thus these nanosensors have tremendous potential not only in the field of measurement science but also for homeland security applications to combat acts of terror and military threats

Managing the Regulatory State: The Experience of the Bush Administration

This Article traces the history of Presidential management of the regulatory state up to the administration of President George W. Bush. It focuses on the latter\u27s implementation of smarter regulation, an approach to regulation based on unfunded mandates on the private sector implemented through the Office of Management and Budget, an organization within the Executive Office of the President. It finds cost-benefit analysis an essential, yet often neglected, tool for implementing efficient and effective regulations. It concludes the policies promoted under President Bush\u27s OMB have effectively cut costs by streamlining the rule-making process and discouraging adopting new federal rules, but cautions there is still a sea of overlapping regulations and conflict over turf among agencies causing the administrative state to steadily rise in cost

Emergency Management Training for Transportation Agencies

State transportation agencies have a variety of responsibilities related to emergency management. Field personnel manage events--from day-to-day emergencies to disasters--using the Incident Command System (ICS) as their organizational basis. At the headquarters level, the Emergency Operations Center (EOC) coordinates the use of resources across the department and its districts, with other state departments and agencies, and through the federal Emergency Support Function 1. District-level EOCs coordinate with the department. In extreme events, the transportation department may only be able to deliver limited essential services in austere conditions, so a continuity of operations/ continuity of government plan (COOP/COG) is essential. This research applied the principles of andragogy to deliver ICS field level training, EOC training and COOP/COG training to state transportation agency’s staff in all districts and at headquarters. The data supports the need for adult-oriented methods in emergency management training

Border Security: Understanding Threats at U.S. Borders

[Excerpt] The United States confronts a wide array of threats at U.S. borders, ranging from terrorists who may have weapons of mass destruction, to transnational criminals smuggling drugs or counterfeit goods, to unauthorized migrants intending to live and work in the United States. Given this diversity of threats, how may Congress and the Department of Homeland Security (DHS) set border security priorities and allocate scarce enforcement resources? In general, DHS’s answer to this question is organized around risk management, a process that involves risk assessment and the allocation of resources based on a cost-benefit analysis. This report focuses on the first part of this process by identifying border threats and describing a framework for understanding risks at U.S. borders. DHS employs models to classify threats as relatively high- or low-risk for certain planning and budgeting exercises and to implement certain border security programs. Members of Congress may wish to use similar models to evaluate the costs and benefits of potential border security policies and to allocate border enforcement resources. This report discusses some of the issues involved in modeling border-related threats