American Bar Association.
Standing Committee on Law and National Security. "Intelligence Identities
Protection Act Signed Into Law by President." Intelligence Report
4, no. 7 (1982): 1-2, 12. [Petersen]1. Intelligence Identities Protection Act
2. Intelligence and Law Enforcement
3. Homeland Security
4. Executive Privilege
5. State Secrets
1. Intelligence Identities Protection Act
Intelligence Identities Protection Act of 1982. (Disclosure of information by persons in course of pattern of activities intended to identify and expose covert agents.) Pub. L. 97-200, June 23, 1982; 96 Stat. 122; 50 U.S.C. (sections) 421(c)-426.
American Bar Association.
Standing Committee on Law and National Security. "Intelligence Identities
Protection Act Signed Into Law by President." Intelligence Report
4, no. 7 (1982): 1-2, 12. [Petersen]
Bazan, Elizabeth B. Intelligence Identities Protection Act. Washington, DC: Congressional Research Service, Library of Congress, 3 Oct. 2003.
From "Summary": "There do not appear to be any published cases involving prosecutions under this Act."
Boston
University International Law Journal. "The
First Amendment Goes Undercover: A Constitutional Analysis of the Intelligence
Identities Protection Act of 1982." 2 (Summer 1984): 495-511.
Brooklyn
Law Review. "The Intelligence Identities
Protection Act of 1982: An Assessment of the Constitutionality of Section
601(c)." 49 (Spring 1983): 479-516.
Columbia
Law Review. "The Constitutionality
of the Intelligence Identities Protection Act." 83 (Apr. 1983): 727-754.
Maffet, Meri W. "Open Secrets: Protecting the Identity of the CIA's Intelligence Gatherers in a First Amendment Society." Hastings Law Journal 32, no. 6 (Jul. 1981): 1723-1775.
Stanford
Law Review. "'Naming Names': Unauthorized
Disclosure of Intelligence Agents' Identities." 33 (Apr. 1981): 693-713.
2. Intelligence and Law Enforcement
American Bar Association. Standing Committee on Law and National Security. "Attorney General Reno Addresses Intelligence and Law Enforcement." National Security Law Report 15, no. 11 (Nov. 1993): 1-6.
Excerpts of speech 19 November 1993.
Best, Richard A., Jr. Intelligence and Law Enforcement: Countering Transnational Threats to the U.S. Washington, DC: Congressional Research Service, Library of Congress, updated 3 Dec. 2001. Available at: http://www.fas.org/irp/crs/RL30252.pdf.
"This report looks at the separate roles and missions and distinct identities of intelligence and law enforcement agencies. Coordinating their efforts has raised significant legal and administrative difficulties that have been only partially overcome.... This report also addresses congressional oversight of the law enforcement-intelligence relationship that is spread among a number of House and Senate committees, each of which has only partial jurisdiction."
Connors, Timothy. "Putting the 'L' into Intelligence-Led Policing: How Police Leaders Can Leverage Intelligence Capability." International Journal of Intelligence and Counterintelligence 22, no. 2 (Summer 2009): 237-245.
Heymann, Philip B. "Law Enforcement and Intelligence in the Last Years of the Twentieth Century." National Security Law Report 18, no. 1 (Winter 1996): 1, 4-12.
Since the end of the Cold War, law enforcement and intelligence communities "find themselves working on the same issues in the same areas of the world." This is a significant change from the past, and creates several issues by "the blurring of boundaries between the intelligence community and law enforcement."
[Reno, Janet.] "Attorney General Reno Addresses Intelligence and Law Enforcement." National Security Law Report 15, no. 11 (Nov. 1993): 1-6.
Excerpts of speech to Standing Committee on Law and National Security, 19 November 1993.
Riley, K. Jack, et al. State and Local Intelligence in the War on Terrorism. Santa Monica, CA: RAND, 2005. [Available as a PDF file at: http://www.rand.org/pubs/monographs/MG394/index.html]
"This report ... examin[es] how state and local law enforcement agencies conducted and supported counterterrorism intelligence activities after 9/11. It analyzes data from a 2002 survey of law enforcement preparedness in the context of intelligence and reports the results of case studies showing how eight local law enforcement agencies handle intelligence operations. Finally, it suggests ways that the job of gathering and analyzing intelligence might best be shared among federal, state, and local agencies."
Snider, L. Britt, Elizabeth R. Rindskopf, and John Coleman. Relating Intelligence and Law Enforcement: Problems and Prospects. Washington, DC: Consortium for the Study of Intelligence, 1994.
Sommers, Marilyn B. "Law Enforcement Intelligence: A New Look." International Journal of Intelligence and Counterintelligence 1, no. 3 (1986): 25-40.
This article deals with the subject of "law enforcement intelligence analysis" and why "strategic analysis" should be practiced by law enforcement agencies.
3. Homeland Security
Nicholson, William C., ed. Homeland Security Law and Policy. Springfield, IL: C.C. Thomas, 2005.
4. Executive Privilege
Fisher, Louis. "Congressional Access to National Security Information." Harvard Journal on Legislation 45, no. 1 (Winter 2008): 219-235.
From abstract: "Recent presidential administrations have invoked a broad executive privilege to justify withholding national security information from Congress and the courts. This Article argues that such a broad claim of privilege rests on a mischaracterization of the President's constitutional role. The author ... argues that Congress must have access to this information to effectively exercise its own powers with regard to war and national security. The Article proposes that Congress enact legislation giving the Judiciary access to this information so that it can properly enforce the separation of powers and vindicate individual rights."
Fisher, Louis. In the Name of National Security: Unchecked Presidential Power and the Reynolds Case. Lawrence, KS: University Press of Kansas, 2006.
Prados, I&NS 23.3 (Jun. 2008), declares that "[t]here is no study with comparable depth and dexterity on the whole question of the state secrets doctrine." The author's analysis of United States v. Reynolds (decided by the Supreme Court in 1953) "is exhaustive to a fault, but the result is quite valuable.... This book will be fascinating for legal scholars but a tough read for the rest of us."
Liptak, Adam. "Appeals Court Upholds Dismissal of Abuse Suit." New York Times, 3 Mar. 2007. [http://www.nytimes.com]
On 2 March 2007, the U.S. Court of Appeals for the Fourth Circuit ruled that Khaled el-Masri, a German citizen of Lebanese descent who alleges kidnapping and abuse by the CIA, "cannot seek redress in court because his lawsuit would expose state secrets." The opinion was written by Judge Robert B. King for the court's unanimous three-judge panel.
Zagel, James. "The State Secrets Privilege." Minnesota Law Review 50 (1965-1966): 875-910. [Calder]
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