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The Aftermath of 9/11 and Its Impact on U.S. Law and Government to Be Focus of Duke Law School Events

A series of discussions on this issue are set to take place at the law school in September and October

"Interrogation, Detention and the Powers of the Executive" will be the subject of the 6th annual conference of the Duke Law School's Program in Public Law on Friday, Sept. 17.

This day-long series of roundtable discussions is one in a series of events in September and October that explore issues relating to the aftermath of 9/11 and its impact on U.S. law and government. All events will be held at the law school and are open to the public and the media.

"The United States has experienced considerable change internally and with respect to its foreign policy since the tragedies of Sept. 11, 2001," said Christopher Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies and director of the Program in Public Law. "A number of those changes implicate significant questions of law -- constitutional law, domestic law and international law.

"A number of recent occurrences make this an excellent time to take stock of some of the legal issues that continue to be debated in conducting the war on terror.  Many lawsuits implicating the war on terror have been filed in our courts, and some significant ones reached the Supreme Court in the past term."

In addition, much attention has been focused this summer on what constitutes permissible treatment for detainees. "The 9/11 Commission also issued its final report just a few weeks ago, and more recently the Schlesinger and Fay reports documented the treatment of detainees in much greater detail than had been available," Schroeder noted.

The Sept. 17 conference will bring together knowledgeable individuals -- Duke law faculty, outside scholars and practitioners -- representing a range of viewpoints for a series of moderated discussions, each one focusing on one dimension of the issue.  Discussion topics include the circumstances under which individuals can be detained; the limits of permissible interrogation under constitutional, statutory and international law; the powers of the Executive Branch; and the role of lawyers in the war on terrorism.

Duke law faculty participating include Schroeder, as moderator, and panelists Erwin Chemerinsky, Jeff Powell, Walter Dellinger and Scott Silliman, executive director of Duke Law School's Center on Law, Ethics and National Security, which is involved in organizing the event. A full listing of moderators and panelists is available here. The conference will be held at Duke Law School in Room 3037, and begins at 8:30 a.m.

The following events round out the series on terrorism:

-- Tuesday, Sept. 7: "The USA Patriot Act: Civil Liberties and the War on Terror," a discussion with Duke law professors Schroeder and Silliman. (Duke Law School, Blue Lounge, noon)

-- Friday, Sept. 10: "Trying International Terrorists: The Options," a talk by UCLA law professor Norm Abrams. Abrams is an expert in the area of federal criminal law and prosecutorial discretion. (Duke Law School, Room 3037, noon)

-- Wednesday, Sept. 22: "The 9/11 Commission Report: Where Do We Go From Here?" a discussion with Jamie Gorelick, a member of the independent, bipartisan National Commission on Terrorist Attacks Upon the United States. (Duke Law School, Room 3037, noon)

-- Date TBA: "Iraq and the War on Terror," a discussion with U.S. Sen. Joseph R. Biden, D-Del., the ranking Democrat on the Senate Foreign Relations Committee.

-- Date TBA: "The Use of Military Commissions to Try Suspected Terrorists," a talk by Neal Katyal, professor of law, Georgetown School of Law.

 

The goal of Duke's Program in Public Law is to promote better understanding of our nation's public institutions, of the constitutional framework in which they function, and of the principles and law that apply to the work of public officials. It is generously supported by Duke law alumnus Richard Horvitz and his late wife, Marcy Horvitz.

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