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A pandemic, an election, mass protests, Middle East conflicts, cyber warfare, and more: national security is dire to our country now more than ever. Join us to explore the progression and current state of national security law in the United States. Experts in the field will discuss the origins of national security law, how it has transformed following traumatic events such as 9/11, how it has developed in the world of cybersecurity, and what threats we've seen as a result of the COVID-19 pandemic. This free, public event is sponsored by The University of Toledo Law Review. 1 Table of Contents Agenda ……………………………………………………………………………………………………………………………………………….3 Panelist Biographies…………………………………………………………………………………………………………………………….4 McKaye Neumeister, Reviving the Power of the Purse: Appropriations Clause Litigation and National Security Law, 127 YALE L.J. 2512 (2018)………………………………………………………………………………………………….9 John P. Carlin, Detect, Disrupt, Deter: A Whole-of-Government Approach to National Security Cyber Threats, 7 HARV. NAT’L SEC. J. 391 (2016)…………………………………………………………………………………..……......63 Sudha Setty, Obama;s National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016)………………………100 Emily Berman, The Attack on the Capitol Calls for a Measured Response, JOURNAL OF NATIONAL SECURITY LAW & POLICY (Jan. 25, 2021), https://jnslp.com/topics/read/special-online-issue-capitol-insurrection- 2021/................................................................................................................................................118 Representative Eric M. Swalwell and R. Kyle Alagood, Biological Threats Are National Security Risks: Why COVID-19 Should Be a Wake-up Call for Policy Makers, 77 WASH. & LEE L. REV. ONLINE 217 (2020)….......120 2 Symposium Agenda 9 a.m. – Welcome/Opening 9:30 a.m. – Originalism and National Security Power Harold J. Krent, professor of law, IIT Chicago-Kent College of Law (Chicago, Ill.) Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, Berkeley Law (Berkeley, Calif.) Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law School (Ann Arbor, Mich.) 10:45 a.m. – Post-9/11 National Security Alka Pradhan, lecturer in law, University of Pennsylvania Carey Law School (Philadelphia, Pa.) Stephen Vladeck, Charles Alan Wright Chair in Federal Courts, University of Texas School of Law (Austin, Texas) William Banks, professor of law emeritus, Syracuse University College of Law (Syracuse, N.Y.) Noon – Lunch Break 1 p.m. – Cybersecurity in the Modern Age Col. Gary Corn, adjunct professor and director of Tech, Law & Security Program, American University Washington College of Law (Washington, D.C.) Maj. Gen. Charles Dunlap, professor of law and executive director of Center on Law, Ethics and National Security, Duke University School of Law (Durham, N.C.) Robert Litt, of counsel at Morrison & Foerster (Washington, D.C.) 2:15 p.m. – COVID-19 Threats to National Security Mary McCord, legal director, Institute for Constitutional Advocacy and Protection (Washington, D.C.) Javed Ali, Towsley Foundation Policymaker in Residence, University of Michigan Gerald R. Ford School of Public Policy (Ann Arbor, Mich.) 3:30 p.m. – Closing Remarks 3 Panelist Biographies ORIGINALISM AND NATIONAL SECURITY POWER Harold Krent Harold Krent is a professor of law at the Chicago-Kent College of Law at Illinois Institute of Technology. He graduated from Princeton University and received his law degree from New York University School of Law, where he served as law review notes editor and garnered several awards for excellence in writing. Krent clerked for the Hon. William H. Timbers of the U.S. Court of Appeals for the Second Circuit and then worked in the Department of Justice for the Appellate Staff of the Civil Division, writing briefs and arguing cases in various courts of appeals across the nation. He has been teaching full-time since 1987. His scholarship focuses on the legal aspects of individuals' interaction with the government. Krent has served as a consultant to the Administrative Conference of the United States. He has also litigated numerous cases with students on behalf of indigent prisoners. Krent joined the IIT Chicago-Kent faculty in 1994. He was appointed associate dean in 1997 and interim dean in 2002 before assuming the deanship on Jan. 1, 2003. He continued in his role as dean until July 31, 2019. His book, "Presidential Powers," is a comprehensive examination of the president's role as defined by the U.S. Constitution and judicial and historical precedents. Erwin Chemerinsky Erwin Chemerinsky became the 13th dean of Berkeley Law in 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law. Before assuming this position, he was the founding dean and Distinguished Professor of Law at the University of California Irvine School of Law. Chemerinsky is the author of 12 books and more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and op-eds in newspapers across the country. He frequently argues appellate cases, including in the U.S. Supreme Court. In 2016, Chemerinsky was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine named Dean Chemerinsky as the most influential person in legal education in the nation. Julian Davis Mortenson Julian Davis Mortenson is the James G. Pillipp Professor of Law at the University of Michigan Law School. He writes on constitutional and international law. His current book project, "The Founders' President" (under contract with Harvard University Press), develops a comprehensive account of presidential power at the American Founding. Mortenson is an award-winning teacher and an active litigator. He regularly litigates complex transnational matters in the U.S. courts and has served as an arbitrator, counsel, and expert witness in a wide variety of commercial and investor-state disputes. He was lead counsel in a pre-Obergefell suit that required Michigan to recognize the marriages of more than 300 same-sex couples. He represented discharged military service members challenging the "Don't Ask, Don't Tell" law, and his work as one of the principal drafters of merit briefs in the landmark case Boumediene v. Bush secured the right of Guantanamo detainees to challenge their incarceration. Before joining the faculty, Mortenson worked at the law firm WilmerHale, in the President's Office of the UN's International Criminal Tribunal for the former Yugoslavia, and as a law clerk for both Justice David H. Souter and the Hon. J. Harvie Wilkinson III. Before law school, he was a management 4 consultant with a client portfolio spanning the finance, manufacturing, oil and gas, and information technology industries. Professor Mortenson was salutatorian of his class at Stanford Law School and received an A.B., summa cum laude, in history from Harvard College. POST-9/11 NATIONAL SECURITY Alka Pradhan Alka Pradhan is a lecturer in law at the University of Pennsylvania Carey Law School and is human rights counsel at the Guantanamo Bay Military Commissions, representing one of the 9/11 accused. Pradhan has long worked at the crossroads of international human rights and national security. She is a frequent commentator in the media on international law and counterterrorism issues, ranging from force-feeding at Guantanamo Bay to the application of human rights law to detention operations in Iraq. While in private practice at White & Case LLP, Pradhan participated in sovereign litigations and other cases involving public international law, including use of the Alien Tort Statute. In her pro bono practice, she represents asylum-seekers and advises NGOs on litigation before international criminal tribunals and the European Court of Human Rights. Her work was profiled in a New York Times Magazine feature "Alka Pradhan v. Gitmo" in 2017. Pradhan earned her B.A. and M.A. from Johns Hopkins University, her J.D. from Columbia Law School, and an LL.M. from the London School of Economics and Political Science. Stephen Vladeck Stephen Vladeck holds the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law. He is a nationally recognized expert on federal courts, constitutional law, national security law, and military justice. Vladeck has argued multiple cases before the U.S. Supreme Court, the Texas Supreme Court, and lower federal civilian and military courts. He is co-host of the award-winning "National Security Law" podcast. He is CNN's Supreme Court analyst, a co-author of Aspen Publishers' leading national security law and counterterrorism law casebooks, an executive editor of the "Just Security" blog, and a senior editor of the "Lawfare" blog. Vladeck clerked for the Hon. Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Hon. Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit. While a law student, he was the student director of the Balancing Civil Liberties & National Security post-9/11 litigation project. He earned his B.A., summa cum laude, in history and mathematics from Amherst College and his J.D. from Yale Law School. William Banks William C. Banks is a Board of Advisors Distinguished Professor Emeritus at Syracuse University College of Law. From 2015-16, Banks served as interim dean of the College of Law. Banks was the founding director of the Institute for National Security and Counterterrorism, now the Syracuse University Institute for Security Policy and Law. He is a highly regarded and internationally recognized scholar. His research focuses on constitutional law and national security, counterterrorism, laws of war and asymmetric warfare, cyber conflict, civilian-military relations, and government surveillance and privacy. The subjects of Banks's more than 160 published book chapters and articles range from the military use of unmanned aerial vehicles and the role of the military in domestic affairs to cyberespionage, cyber attribution, and the U.S. Foreign Intelligence Surveillance Court. He is editor of the Journal of National Security Law & Policy and chair of the ABA Standing Committee on Law and National Security.