Civil Liberties 10 Years After 9/11

Civil Liberties Ten Years After 9/11

September 9, 2011

The conference marked the 10th anniversary of the terrorist attacks that had— and continue to have— profound consequences for life, liberty, law, and security. Distinguished panelists offered a broad range of perspectives on the ongoing impact of the terrorist attacks and the government’s response.

Papers from the symposium were published in the New York Law School Law Review, 56 N.Y.L. Sch. L. Rev. 1-164 (2011-12), and are available here.  To order an individual copy of the full issue, click here.

For the full symposium program and more details, click here. Contact jac@nyls.edu for more information or with questions.  To view recordings of the event, click on the panel titles below.  To view recordings of the event in iTunes, click hereTo view the Visual Scholarship video prepared in connection with this event, click here.

Panel 1: Separation of Powers: The Roles and Inter-Relationships of the Executive, Legislative, and Judicial Branches since 9/11

Panelists discussed the appropriate scope of and limits on the powers of each branch of government since 9/11, including specific exercises of power by each branch that some have criticized as violating the Constitution’s checks and balances.

  • Moderator: Linda Greenhouse, Yale Law School; Columnist, The New York Times
  • David Cole, Georgetown Law School
  • Richard Epstein, New York University School of Law; The Hoover Institution; University of Chicago Law School
  • Peter Shane, Ohio State University Moritz College of Law
  • Vince Warren, Executive Director, Center for Constitutional Rights
  • John Yoo, University of California, Berkeley Law School; Deputy Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice 2001–03)

Panel 2: National Security and Civil Liberties: A Decade of Striking a Delicate Balance, or a False Choice?

Panelists addressed not only the overarching (alleged) tensions between liberty and security, but also specific measures that the government has implemented since 9/11 that affect particular civil liberties as well as the rights of particular groups of individuals.

  • Moderator: Caroline Fredrickson, Executive Director, American Constitution Society
  • Muneer Ahmad, Yale Law School
  • Jamil N. Jaffer, Senior Counsel, House Intelligence Committee; Associate Counsel to the President, White House, 2008–09; Counsel to the Assistant Attorney General, National Security Division, U.S. Department of Justice, 2007–08
  • Anil Kalhan, Drexel University Earle Mack School of Law
  • Sigal Mandelker, Proskauer Rose LLP; Deputy Assistant Attorney General, U.S. Department of Justice, Criminal Division 2006–09
  • Joanne Mariner, Director, Human Rights Program, Roosevelt House Public Policy Institute, Hunter College
  • Geoffrey Stone, University of Chicago Law School

Panel 3: Courts, Accountability, and Justice: Forums for Assuring that Justice Is Served

This panel focused on efforts to bring to justice individuals who have been accused of responsibility for the 9/11 attacks and other actual or planned acts of terrorism, as well as government and military officials and their contractors who have been accused of abuses. It considered the appropriate judicial and non-judicial forums and procedures for ensuring that those who are responsible for acts of war, crimes, and abuses of power will be held accountable, consistent with principles of fairness and justice, and that those unjustly accused are exonerated.

  • Moderator: Chief Judge Dennis Jacobs, Chief Judge, U.S. Court of Appeals for the Second Circuit
  • Michael Chertoff, Covington & Burling LLP; Secretary of the Department of Homeland Security 2005-09
  • Eugene Fidell, Yale Law School; President, National Institute of Military Justice
  • Martin Flaherty, Fordham Law School; Princeton University
  • Andrew McCarthy, Co-Chair, Center for Law and Counterterrorism; Assistant U.S. Attorney for the Southern District of New York 1993–96
  • Anthony Romero, Executive Director, American Civil Liberties Union