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Volume 59, Issue 1
Volume 60, Issue 4 Page 1023 Stanford Law Review THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal & Richard Caplan © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 60 STAN. L. REV. 1023 (2008). For information visit http://lawreview.stanford.edu. THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal* and Richard Caplan** INTRODUCTION.....................................................................................................1024 I. THE NSA CONTROVERSY .................................................................................1029 A. The Foreign Intelligence Surveillance Act................................................1029 B. The NSA Program .....................................................................................1032 II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II........................1035 A. The 1934 Communications Act .................................................................1035 B. FDR’s Thirst for Intelligence ....................................................................1037 C. Nardone I...................................................................................................1041 D. Nardone II .................................................................................................1045 III. FDR’S DEFIANCE OF CONGRESS AND THE SUPREME COURT..........................1047 A. Attorney General -
56Va L Rev971 1970 PART1.Pdf
+(,121/,1( Citation: 56 Va. L. Rev. 971 1970 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Aug 18 15:04:09 2010 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0042-6601 VIRGINIA LAW REVIEW VoLuME 56 OCTOBER 1970 NUMBER 6 THE FORBIDDEN FRUIT AND THE TREE OF KNOWLEDGE: AN INQUIRY INTO THE LEGAL HISTORY OF AMERICAN MARIJUANA PROHIBITION Richard J. Bonnie* & Charles H. Whitebread, II* * Mr. Snell. What is the bill? Mr. Rayburn. It has something to do with somethhzg that is called marihuana.I believe it is a narcotic of some kind. Colloquy on the House floor prior to passage of the Marihuana Tax Act. *Assistant Professor of Law, University of Virginia. B.A., 1966, Johns Hopkins University; LL.B., 1969, University of Virginia. "'Assistant Professor of Law, University of Virginia. A.B., 1965, Princeton Uni- versity; LL.B, 1968, Yale University. We wish to express our sincere appreciation to the students who assisted us in the preparation of the tables at Appendix A. Because the drug statutes of the several states are particularly confusing and difficult to find, and because so many jurisdictions have recently changed their drug laws, the preparation of the chart required long, tedious work which so many were kind enough to perform. -
A General Model of Illicit Market Suppression A
ALL THE SHIPS THAT NEVER SAILED: A GENERAL MODEL OF ILLICIT MARKET SUPPRESSION A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government. By David Joseph Blair, M.P.P. Washington, DC September 15, 2014 Copyright 2014 by David Joseph Blair. All Rights Reserved. The views expressed in this dissertation do not reflect the official policy or position of the United States Air Force, Department of Defense, or the U.S. Government. ii ALL THE SHIPS THAT NEVER SAILED: A GENERAL MODEL OF TRANSNATIONAL ILLICIT MARKET SUPPRESSION David Joseph Blair, M.P.P. Thesis Advisor: Daniel L. Byman, Ph.D. ABSTRACT This model predicts progress in transnational illicit market suppression campaigns by comparing the relative efficiency and support of the suppression regime vis-à-vis the targeted illicit market. Focusing on competitive adaptive processes, this ‘Boxer’ model theorizes that these campaigns proceed cyclically, with the illicit market expressing itself through a clandestine business model, and the suppression regime attempting to identify and disrupt this model. Success in disruption causes the illicit network to ‘reboot’ and repeat the cycle. If the suppression network is quick enough to continually impose these ‘rebooting’ costs on the illicit network, and robust enough to endure long enough to reshape the path dependencies that underwrite the illicit market, it will prevail. Two scripts put this model into practice. The organizational script uses two variables, efficiency and support, to predict organizational evolution in response to competitive pressures. -
Jenny Parker Mccloskey, 215-409-6616 Merissa Blum, 215-409-6645 [email protected] [email protected]
FOR IMMEDIATE RELEASE Contact: Jenny Parker McCloskey, 215-409-6616 Merissa Blum, 215-409-6645 [email protected] [email protected] NATIONAL CONSTITUTION CENTER TO BRING BACK PROHIBITION IN MARCH 2017 Original exhibit, American Spirits: The Rise and Fall of Prohibition, returns for a limited engagement Exhibit opens Friday, March 3 Philadelphia, PA (January 5, 2017) – The National Constitution Center is bringing back American Spirits: The Rise and Fall of Prohibition, its critically acclaimed exhibit that brings the story of Prohibition vividly to life. The exhibit, created by the National Constitution Center, originally debuted in 2012 and has since toured nationally, including stops at the Seattle’s Museum of History and Industry in Washington, Grand Rapids Public Museum in Michigan, and Peoria Riverfront Museum in Illinois. It will open to the public Friday, March 3 and run through July 16, 2017. An exclusive, members-only sneak preview opening party is planned for Thursday, March 2. The event will include an America’s Town Hall panel discussion on the constitutionality of Prohibition and its impact on American society today. “We are thrilled to have this superb exhibit back from its national tour,” said President and CEO Jeffrey Rosen. “American Spirits brings the U.S. Constitution to life. Visitors can educate themselves about the constitutional legacy of Prohibition and how to amend the Constitution today.” The exhibit uses a mix of artifacts and engaging visitor activities to take visitors back in time to the dawn of the temperance movement, through the Roaring ’20s, and to the unprecedented repeal of a constitutional amendment. -
Prohibition (1920-1933) Internet Assignment
Prohibition (1920-1933) Internet Assignment Name______________________________________ Period_____ Go to: https://www.pbs.org/kenburns/prohibition/ Click on “Roots of Prohibition” Read the section and answer the questions below. 1. By 1830, the average American over 15 years old consumed nearly _______ gallons of pure alcohol a year. 2. In which institutions did the Temperance Movement have their “roots”? Watch the short video entitled, “The Absolute Shall” 3. Why were the Washingtonian Societies rejected by the Protestant Churches of the 1830s and 1840s? 4. What was the anti-alcohol movement started by the Protestant churches called? 5. What was the “Cold Water Army”? Read the sections about the Women’s Christian Temperance Union and the Anti-Saloon League. 6. Which two famous “suffragettes” were also involved with the Temperance Movement? 7. Who was the leader of the Anti-Saloon League? 8. Why did the ASL support the 16th Amendment making an income tax constitutional? 9. What types of propaganda did the ASL put forth during the years leading up to World War I? Page | 1 Go back to the top of the screen and click on “Prohibition Nationwide.” This will take you to a map. Click on the bottle depicted in the Pacific Northwest. Watch the video entitled, “The Good Bootlegger” about Roy Olmstead and his Pacific NW Bootleggers. 10. What was Roy Olmstead’s job? 11. After being convicted of bootlegging alcohol & losing his job, what did Olmstead decide to do? 12. From which country did Olmstead and his employees get the alcohol? 13. What were some of the ways in which Olmstead and his employees distributed the alcohol? 14. -
National Prohibition and Jazz Age Literature, 1920-1933
Missouri University of Science and Technology Scholars' Mine English and Technical Communication Faculty Research & Creative Works English and Technical Communication 01 Jan 2005 Spirits of Defiance: National Prohibition and Jazz Age Literature, 1920-1933 Kathleen Morgan Drowne Missouri University of Science and Technology, [email protected] Follow this and additional works at: https://scholarsmine.mst.edu/eng_teccom_facwork Part of the Business and Corporate Communications Commons, and the English Language and Literature Commons Recommended Citation Drowne, Kathleen. "Spirits of Defiance: National Prohibition and Jazz Age Literature, 1920-1933." Columbus, Ohio, The Ohio State University Press, 2005. This Book is brought to you for free and open access by Scholars' Mine. It has been accepted for inclusion in English and Technical Communication Faculty Research & Creative Works by an authorized administrator of Scholars' Mine. This work is protected by U. S. Copyright Law. Unauthorized use including reproduction for redistribution requires the permission of the copyright holder. For more information, please contact [email protected]. Drowne_FM_3rd.qxp 9/16/2005 4:46 PM Page i SPIRITS OF DEFIANCE Drowne_FM_3rd.qxp 9/16/2005 4:46 PM Page iii Spirits of Defiance NATIONAL PROHIBITION AND JAZZ AGE LITERATURE, 1920–1933 Kathleen Drowne The Ohio State University Press Columbus Drowne_FM_3rd.qxp 9/16/2005 4:46 PM Page iv Copyright © 2005 by The Ohio State University. All rights reserved. Library of Congress Cataloging-in-Publication Data Drowne, Kathleen Morgan. Spirits of defiance : national prohibition and jazz age literature, 1920–1933 / Kathleen Drowne. p. cm. Includes bibliographical references and index. ISBN 0–8142–0997–1 (alk. paper)—ISBN 0–8142–5142–0 (pbk. -
Olmstead V. United States: the Constitutional Challenges of Prohibition Enforcement
Olmstead v. United States: The Constitutional Challenges of Prohibition Enforcement by Richard F. Hamm University at Albany, SUNY Edited by the Federal Judicial Center for inclusion in the project Federal Trials and Great Debates in United States History Federal Judicial Center Federal Judicial History Offi ce 2010 This Federal Judicial Center publication was undertaken in furtherance of the Center’s statutory mis- sion to “conduct, coordinate, and encourage programs relating to the history of the judicial branch of the United States government.” The views expressed are those of the author and not necessarily those of the Federal Judicial Center. Olmstead v. United States: The Constitutional Challenges of Prohibition Enforcement Contents Olmstead v. United States: A Short Narrative, 1 Introduction, 1 National Prohibition and its enforcement, 2 Prohibition in Seattle: The Olmstead ring, 3 Federal enforcement of Prohibition in Washington State, 3 Wiretapping the bootlegger, 4 From indictment to trial, 5 The trial, 6 The appeals, 7 Prohibition in the Supreme Court, 8 The aftermath, 10 The Federal Courts and Their Jurisdiction, 13 United States District Court for the Western District of Washington, 13 United States Circuit Court of Appeals for the Ninth Circuit, 13 Supreme Court of the United States, 14 The Judicial Process: A Chronology, 15 Legal Questions Before the Federal Courts, 19 Did the use of evidence gained from wiretaps and confi scated papers violate the Fourth Amendment protection against unreasonable searches and seizures? 19 -
Profile.Indd
uddenly, an explosion rips through the Congress Apartments. The ground shakes as bricks fly like cannonballs from the back of the one-story building Swhere a massive hole has opened. Inside the small apartment, two state prohibition agents scramble, alive but shaken. The explosion was no accident, rather a hit ordered by outlaw moonshiners on the agents who worked as enforcers of unpopular prohibition laws. Welcome to Bend circa 1926, where lawlessness and old school retribution put even lawmen in the line of fire. The brazen bombing is believed to have been payback for the killing of a local moonshiner just a few weeks earlier east of Bend. Despite much publicity at the time, the crime remains unsolved to this day. Ninety-one years later, Bend Police cold case detectives PHOTO DESCRIPTIONS HERE Sgt. Devin Lewis and Lt. Jason Maniscalco are looking at crime scene photos from the dynamiting of Congress Itaturitecab ipsae namus essitas dolorpossit porrum A ninety-year-old failed hit on prohibition Apartments in downtown Bend. estemporem hicatures imagniet, a voluptation cus “Look, the whole back wall is gone,” said Lewis. “I’ve agents in Bend remains a mystery. dis doluptas utaecae. Nam, ut fuga. Inulluptae. Ipsae never heard about this case before.” quaeptatquia se sandaestis aut magnatem que cum Although there were never Al Capone-Elliot Ness styled licil molore, quam quissusa shootouts between the police and moonshiners, Bend was a rough and tumble town in its early days. Loggers and blue-collar millworkers supplied a ready and thirsty market for moonshiners eager to skirt the state and federal laws banning the production and sale of alcohol. -
Listening to the RUMRUNNERS: Radio Intelligence During Prohibition This Publication Is a Product of the National Security Agency History Program
Listening to the RUMRUNNERS: Radio Intelligence during Prohibition This publication is a product of the National Security Agency history program. It presents a historical perspective for informational and educational purposes, is the result of independent research, and does not necessarily reflect a position of NSA/CSS or any other U.S. government entity. This publication is distributed free by the National Security Agency. If you would like additional copies, please email your request to [email protected] or write to: Center for Cryptologic History National Security Agency 9800 Savage Road, Suite 6886 Fort George G. Meade, MD 20755-6886 David Mowry served as a historian, researching and writing histories in the Cryptologic History Series. He began his Agency career as a linguist in 1957 and later (1964-1969) held positions as a linguist and cryptanalyst. From 1969 through 1981 he served in various technical and managerial positions. In the latter part of his career, he was a historian in the Center for Cryptologic History. Mr. Mowry held a BA with regional group major in Germany and Central Europe from the University of California at Berkeley. He passed away in 2005. Cover: The U.S. Coast Guard 75-ft. patrol boat CG-262 towing into San Francisco Harbor her prizes, the tug ELCISCO and barge Redwood City, seized for violation of U.S. Customs laws, in 1927. From Rum War: The U.S. Coast Guard and Prohibition. Listening to the Rumrunners: Radio Intelligence during Prohibition David P. Mowry Center for Cryptologic History Second edition 2014 A motorboat makes contact with the liquor-smuggling British schooner Katherine off the New Jersey coast, 1923. -
Preliminary Draft
PRELIMINARY DRAFT Pacific Northwest Quarterly Index Volumes 1–98 NR Compiled by Janette Rawlings A few notes on the use of this index The index was alphabetized using the wordbyword system. In this system, alphabetizing continues until the end of the first word. Subsequent words are considered only when other entries begin with the same word. The locators consist of the volume number, issue number, and page numbers. So, in the entry “Gamblepudding and Sons, 36(3):261–62,” 36 refers to the volume number, 3 to the issue number, and 26162 to the page numbers. ii “‘Names Joined Together as Our Hearts Are’: The N Friendship of Samuel Hill and Reginald H. NAACP. See National Association for the Thomson,” by William H. Wilson, 94(4):183 Advancement of Colored People 96 Naches and Columbia River Irrigation Canal, "The Naming of Seward in Alaska," 1(3):159–161 10(1):23–24 "The Naming of Elliott Bay: Shall We Honor the Naches Pass, Wash., 14(1):78–79 Chaplain or the Midshipman?," by Howard cattle trade, 38(3):194–195, 202, 207, 213 A. Hanson, 45(1):28–32 The Naches Pass Highway, To Be Built Over the "Naming Stampede Pass," by W. P. Bonney, Ancient Klickitat Trail the Naches Pass 12(4):272–278 Military Road of 1852, review, 36(4):363 Nammack, Georgiana C., Fraud, Politics, and the Nackman, Mark E., A Nation within a Nation: Dispossession of the Indians: The Iroquois The Rise of Texas Nationalism, review, Land Frontier in the Colonial Period, 69(2):88; rev. -
Prohibition Era Dinner Party
PROHIBITION ERA DINNER PARTY OVERVIEW Many noteable Americans played many roles during the Prohibition era, from government officials and social reformers to bootleggers and crime bosses. Each person had his or her own reasons for supporting or opposing Prohibition. What stances did these individuals take? What legal, moral, and ethical questions did they have to wrestle with? Why were their actions important? And how might a "dinner party" attended by them bring some of these questions to the surface? related activities PROHIBITION SMART BOARD WHO SAID IT? THE RISE & FALL OF PICTIONARY ACTIVITY QUOTE SORTING PROHIBITION ESSAY Use your skills to get Learn about Learn about the Learn about the classmates to identify Prohibition through differences between background of the and define which informational slides the Founders’ and 18th Amendment, Prohibition era term and activities using the Progressives’ beliefs the players in the you draw. SMART platform. about government by movement, and its sorting quotes from eventual repeal. each group. Made possible in part Developed in by a major grant from partnership with TEACHER NOTES LEARNING GOALS EXTENSION Students will: The son of Roy Olmstead said about his father: “My dad thought that Prohibition was • Understand the significance of historical an immoral law. So he had no compunction figures during the Prohibition era. [misgivings or guilt] about breaking that law.” • Understand the connections between Discuss the statement as a large group. Then different groups during the Prohibition have students respond to the statement in a era. short essay. They should consider the following questions: • Evaluate the tension that sometimes exists between following the law and • How can you know if a law is immoral? following one’s conscience. -
RUM RUNNERS by Spud Roscoe VE1BC with Additions by Jerry Proc VE3FAB June 20/19
THE RUM RUNNERS By Spud Roscoe VE1BC With Additions by Jerry Proc VE3FAB June 20/19 Prohibition was instituted in the United States in1920 and lasted until December 1933. After 1919, it was illegal to make, buy, transport, or sell alcohol such as beer, gin, rum, whiskey, and wine. To those who wanted liquor, they were going to drink regardless of the law, thus giving rise to the time known as the rum-running era. This proved to be a most colourful part of the history of the early 20th century. Looking back at the history of this rum-running era, the thing that fascinates me was that it came to an end. Everyone was having a grand old time making money at it, including those against it, who were making money holding lectures against the subject and receiving very good fees for participating in these gatherings. Those doing the rum running were anyone and everyone. Those in charge of the rum running, apparently in a lot of cases, were also the ones in charge of trying to stop it. Rum's cheapness made it a low-profit item for the rum-runners, and they soon moved on to smuggling Canadian whisky, French champagne, and English gin to major cities like New York City, Boston, and Chicago, where prices ran high. It was said that some ships carried $200,000 in contraband in a single run. Boats of all types and sizes, either took to running liquor or were on the other side, that of trying to prevent it. The islands of St.