Digital Commons at St. Mary's University Faculty Articles School of Law Faculty Scholarship 2008 A Hartman Hotz Symposium: Intelligence, Law, and Democracy Lord Robin Butler St. Mary's University School of Law William Howard Taft IV Alberto Mora Stephen M. Sheppard
[email protected] Follow this and additional works at: https://commons.stmarytx.edu/facarticles Part of the Law Commons Recommended Citation Lord Robin Butler, William Howard Taft IV, Alberto Mora, and Stephen M. Sheppard, A Hartman Hotz Symposium: Intelligence, Law, and Democracy, 60 Ark. L. Rev. 809 (2008). This Article is brought to you for free and open access by the School of Law Faculty Scholarship at Digital Commons at St. Mary's University. It has been accepted for inclusion in Faculty Articles by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact
[email protected]. A Hartman Hotz Symposium: Intelligence, Law, and Democracy Lord Robin Butler William Howard Taft IV Alberto Mora Steve Sheppard Introduced by Dean Donald R. Bobbit I. INTRODUCTION Following the attacks of 2001, the United States has been confronted with great challenges in its efforts to protect its soil, its people, and its interests. Perhaps none have been as challenging as the extent to which the President and other officials may act without oversight in their acquisition of intelligence and use of that information. Many novel practices have had repercussions across the globe as well as in Arkansas: the long-term detention of both foreign nationals and American citizens without judicial review; the use of brutal enhanced interrogationprocedures on those detained; the trial of prisoners by military commissions when the courts are open; the mass interception of communications and seizure of papers without a warrant; and the routine excuse of national security to justify increased police activities against immigrants, students, travelers, citizens, and ordinary criminal suspects.