Policy Forum - ACLU Conference: Civil Liberties in Times of War
Department:WWS Office of Public Affairs and Communications
Audience:Open to the Public, Registration Required
Woodrow Wilson School of Public and International Affairs, Princeton's Program in Law and Public Affairs, the Seeley G. Mudd Manuscript Library at Princeton and the American Civil Liberties Union
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Civil Liberties in Times of War
Thursday, September 18, 2014
4:30-6 p.m. Keynote Address
Brave New World: Technology and Civil Liberties in the 21st Century
Introduced by: Cecilia Elena Rouse
Friday, September 19, 2014
8:00 a.m-9:00 a.m. Breakfast and Registration
9:00 a.m.-9:15 a.m. Welcome
Elisabeth Donahue, Associate Dean, Public and External Affairs, Woodrow Wilson School
9:15 a.m.-10:15 a.m. Setting the Stage
The ACLU and Times of War
Susan N. Herman
Introduced by: Anthony Romero '87
10:15-10:30 a.m. Break
10:30 a.m.-12:00 noon Panel 1:
When “Others” Scare Us: WW II and Japanese Internment, and the War on Terror and
Treatment of Muslim Americans
Denny Chin ’75
Moderator: Jonathan Hafetz
12:00-1:30 p.m. Lunch
Geoffrey R. Stone
Introduced by: Daniel Linke, University Archivist and Curator of Public Policy Papers
1:30-1:40 p.m. Break
1:40-3:10 p.m. Panel 2:
Saying “No” to War -- WW I, the Vietnam War and Conscientious Objectors
Laura Weinrib Ph.D. ’11
Risa L. Goluboff Ph.D.’03 MA’99
Moderator: Hendrik Hartog
3:10 p.m.-3:20 p.m. Break
3:20 p.m.-4:50 p.m. Panel 3:
The Spy Who Didn’t Come in From the Cold:
Surveillance in the Name of National Security vs. Privacy
--The Cold War and McCarthyism; the Pentagon Papers; Wikileaks; and the Snowden Affair
David D. Cole
Bart Gellman ’82
Moderator: Peter Baker
5:00 p.m.-6:00 p.m. Reception, Bernstein Gallery, Robertson Hall
Exhibit: "The American Civil Liberties Union: An American Story"
Peter Baker, Chief White House Correspondent, The New York Times
Peter Baker is the chief White House correspondent for The New York Times covering President Barack Obama and is a contributing writer for The New York Times Magazine. His latest book, “Days of Fire: Bush and Cheney in the White House,” was included in The New York Times Book Review's "The 10 Best Books of 2013" in the nonfiction category. He is also author of the bestselling “The Breach: Inside the Impeachment and Trial of William Jefferson Clinton” and, with his wife Susan Glasser, “Kremlin Rising: Vladimir Putin’s Russia and the End of Revolution.” He is a regular panelist on the PBS program "Washington Week." Prior to joining the Times in 2008, Baker worked for 20 years at the Washington Post, where he also covered the White House during the presidencies of Bill Clinton and George W. Bush.
Denny Chin ’75, Judge for the United States Court of Appeals, Second Circuit
Denny Chin was sworn in as U.S. circuit judge for the U.S. Court of Appeals for the Second Circuit on April 26, 2010. He began his career as a clerk for the Honorable Henry F. Werker, U.S. district judge for the southern district of New York, served as an assistant U.S. attorney in the southern district of New York and went on to start the law firm Campbell, Patrick & Chin. He later joined Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law. From Sept. 13, 1994, through April 23, 2010, Chin served as a U.S. District Judge for the Southern District of New York. He presided over both civil and criminal cases, including cases involving Megan’s Law, the Million Youth March, Al Franken’s use of the phrase “Fair and Balanced” in the title of a book, the Naked Cowboy, the Google Books settlement and the United Nations (U.N.) Oil for Food Program. He also presided over the trial of an Afghan warlord charged with conspiring to import heroin and the guilty plea and sentencing of financier Bernard L. Madoff.
David D. Cole, Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown University Law Center
Cole teaches constitutional law, national security, and criminal justice. He is also the legal affairs correspondent for The Nation, and a regular contributor to the New York Review of Books. He has been published widely in law journals and the popular press and is the author or editor of seven books, the most recent of which is “The Torture Memos: Rationalizing the Unthinkable.”
He has litigated many significant constitutional cases in the Supreme Court, including Texas v. Johnson and United States v. Eichman, which extended First Amendment protection to flagburning; National Endowment for the Arts v. Finley, which challenged political content restriction on NEA funding; and Holder v. Humanitarian Law Project, which challenged the constitutionality of the statute prohibiting “material support” to terrorist groups, which makes speech advocating peace and human rights a crime. He has been involved in many of the nation’s most important cases involving civil liberties and national security, including the case of Maher Arar, a Canadian citizen rendered to Syria by U.S. officials and tortured there.
Elisabeth Hirschhorn Donahue is the associate dean for public and external affairs at Princeton University’s Woodrow Wilson School, overseeing the School’s public affairs programming, alumni events, communications, publications, and public relations initiatives. Prior to becoming associate dean, she served as the executive director and associate editor of The Future of Children, a joint project of Princeton and the Brookings Institution, managing production of journal volumes, creating and implementing outreach initiatives, and co-editing several volumes. She also served as a lecturer at the Wilson School, teaching undergraduate and graduate courses on poverty and family policy issues. Before that she was an attorney at the National Women’s Law Center in Washington, DC. She is a lawyer with both federal and state public policy, communications, and advocacy experience. She earned a J.D. from Georgetown University Law Center and an A.B. from Brown University.
Edward W. Felten, Robert E. Kahn Professor of Computer Science and Public Affairs; Founding Director, Center for Information Technology Policy, Woodrow Wilson School; Former Chief Technologist, U.S. Federal Trade Commission
Felten served from 2011-2012 as the first chief technologist at the U.S. Federal Trade Commission. His research interests include computer security and privacy, especially related to media and consumer products; and technology law and policy. He has published around eighty papers of research literature and two books. His research on topics such as web security, copyright and copy protection and electronic voting has been covered extensively in the popular press. His blog, freedom-to-tinker.com, is widely read for its commentary on technology, law and policy. He has testified before the House and Senate Committee Hearings on privacy, electronic voting and digital television. In 2004, Scientific American magazine named him to its list of fifty worldwide science and technology leaders.
Barton Gellman ’82, Journalist, Visiting Professional Specialist, Woodrow Wilson School
Gellman is a Pulitzer Prize-winning author, senior fellow at the Century Foundation and visiting professional specialist at the Woodrow Wilson School.
Gellman is the author of “Angler: The Cheney Vice Presidency,” winner of the Los Angeles Times Book Prize and The New York Times Best Books of 2008, and “Contending with Kennan: Toward a Philosophy of American Power.” Since June 2013, he has been writing stories for The Washington Post about the National Security Agency (NSA) documents provided to him by former NSA contractor Edward Snowden. He had previously worked for The Post from 1988 to 2010, serving tours as legal, military, diplomatic and Middle East correspondent. His professional honors include two Pulitzer Prizes, a George Polk Award, a Henry Luce Award and Harvard's Goldsmith Prize for investigative reporting.
Adam Goldman, Staff Writer, The Washington Post
Goldman is a Pulitzer Prize-winning investigative reporter. He was part of the Associated Press team that won the 2012 Pulitzer Prize for investigative reporting for coverage of the New York Police Department's (NYPD) counter-terrorism programs, including the department's surveillance of Muslim communities. That work led to the book, "Enemies Within: Inside the NYPD's Secret Spying Unit and bin Laden's Final Plot Against America," which he co-wrote with the AP's Matt Apuzzo. Before joining the AP, he worked at The Daily Progress in Charlottesville, Va., and The Birmingham News in Alabama.
Risa L. Goluboff, Ph.D.’03, MA ’99, John Allan Love Professor of Law; Justice Thurgood Marshall Distinguished Professor of Law; Professor of History, University of Virginia
Goluboff studies 20th-century American legal and constitutional history. She teaches constitutional law, civil rights litigation, and legal and constitutional history and directs UVA’s joint J.D.-M.A. program in history. Her first book, “The Lost Promise of Civil Rights” won the 2010 Order of the Coif Biennial Book Award and the 2008 James Willard Hurst Prize. Goluboff has received a 2009 John Simon Guggenheim Foundation Fellowship in Constitutional Studies and a 2012 Frederick Burkhardt Residential Fellowship from the American Council of Learned Societies to support her current work on the demise of vagrancy laws as part of the social transformations of the 1960s.In 2011, she received UVA's All-University Teaching Award. She is an affiliated GAGE scholar at the Miller Center and a faculty affiliate at the Carter G. Woodson Institute for African-American and African Studies. In 2012, Goluboff was named a distinguished lecturer by the Organization of American Historians.
Karen Greenberg, Director, Center on National Security, Fordham University School of Law
Greenberg is a noted expert on national security, terrorism and civil liberties. She is the author of “The Least Worst Place: Guantanamo’s First 100 Days,” which was selected as one of the best books of 2009 by The Washington Post and Slate.com. She is co-editor with Joshua L. Dratel of “The Torture Papers: The Road to Abu Ghraib” and “The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror;” editor of the books “The Torture Debate in America” and “Al Qaeda Now;” and editor of the “Terrorist Trial Report Card, 2001–2011.” Her work frequently appears in leading national newspapers and on major news channels. She is also a permanent member of the Council on Foreign Relations.
Jonathan Hafetz, 2014-2015 LAPA Fellow, Woodrow Wilson School; Associate Professor of Law, Seton Hall University School of Law
Hafetz is an expert on national security and human rights issues. He is the author of “Habeas Corpus after 9/11: Confronting America’s New Global Detention System,” which received the American Bar Association’s Silver Gavel Award for Media and the Arts, Honorable Mention and the American Society of Legal Writers, Scribes Silver Medal Award. He is the co-editor (with Mark Denbeaux, director of the Seton Hall Law School Center for Policy and Research) of “The Guantanamo Lawyers: Inside a Prison Outside the Law.”
Prior to joining Seton Hall Law School in 2010, Hafetz was a senior attorney at the American Civil Liberties Union, a litigation director at New York University’s Brennan Center for Justice, and a John J. Gibbons Fellow in Public Interest and Constitutional Law at Gibbons, P.C. He currently serves as chair of New York City Bar Task Force on National Security and the Rule of Law.
Hendrik Hartog, Class of 1921 Bicentennial Professor in the History of American Law and Liberty; Director, Program in American Studies, Princeton University
Hartog holds a Ph.D. in the History of American Civilization from Brandeis University a J.D. from the New York University School of Law. He previously taught at the University of Wisconsin Law School (1982-92) and at the Indiana University Bloomington School of Law (1977-82).
Hartog has spent his scholarly life working in the social history of American law with a particular emphasis on the difficulties and opportunities that come with studying how broad political and cultural themes have been expressed in ordinary legal conflicts. He has worked in a variety of areas of American legal history – on the history of city life, the history of constitutional rights claims, the history of marriage and the historiography of legal change.
He is the author of a number of books and scholarly publications and has been awarded a variety of national fellowships and lectureships. For a decade, he coedited Studies in Legal History, the book series of the American Society for Legal History.
Susan N. Herman, President, American Civil Liberties Union (ACLU); Centennial Professor of Law, Brooklyn Law School
Herman was elected president of the American Civil Liberties Union in October 2008 after having served as a member of the ACLU board of directors and executive committee and as general counsel. She holds a chair as Centennial Professor of Law at Brooklyn Law School, where she currently teaches courses in criminal procedure and constitutional law and seminars on law and literature and terrorism and civil liberties.
She writes extensively on constitutional and criminal procedure topics for scholarly and other publications ranging from law reviews and books to periodicals and online publications. Her most recent book, “Taking Liberties: The War on Terror and the Erosion of American Democracy,” winner of the 2012 Illinois Institute of Technology's Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize, was published in an updated paperback edition in March 2014. Herman has discussed constitutional law issues on radio and television. She has also participated in Supreme Court litigation, writing and collaborating on amicus curiae briefs for the ACLU on a range of constitutional criminal procedure issues.
Aryeh Neier, President Emeritus, Open Society Foundations
Aryeh Neier was president of the Open Society Foundations from 1993 to 2012. Prior to that, he served for 12 years as executive director of Human Rights Watch, of which he was a founder in 1978. Neier worked 15 years at the American Civil Liberties Union, including eight years as its national executive director. He served as an adjunct professor of law at New York University for more than a dozen years and has also taught at Georgetown University Law School and the University of Siena (Italy). Since 2012, he has served as Distinguished Visiting Professor at the Paris School of International Affairs of Sciences Po.
Neier is a frequent contributor to The New York Review of Books and has published articles in periodicals such as The New York Times Magazine, The New York Times Book Review and Foreign Policy.
Greg Robinson, Professor of History, Professor of History, 'Université du Québec À Montréal
Greg Robinson is a specialist in North American ethnic studies and U.S. political history and author of several books. His first book, “By Order of the President: FDR and the Internment of Japanese Americans” uncovers President Franklin Roosevelt’s racial views and explores FDR's central involvement in the wartime confinement of 120,000 Japanese Americans. His second book, “A Tragedy of Democracy: Japanese Confinement in North America,” was the winner of the 2009 History Book Prize given by the Association for Asian American Studies. His book “After Camp: Portraits in Midcentury Japanese American Life and Politics,” winner of the Caroline Bancroft History Prize in Western U.S. History presented by the Denver Public Library, centers on post-war resettlement and coalitions for civil rights between Japanese Americans and other minorities. Robinson writes a regular column titled “The Great Unknown and the Unknown Great” for the San Francisco Nichi Bei Weekly.
Anthony Romero ’87, Executive Director, American Civil Liberties Union (ACLU)
Romero became executive director of the ACLU just seven days before the 9/11 attacks. Shortly afterward, the ACLU launched its national "Keep America Safe and Free" campaign to protect basic freedoms during a time of crisis, achieving court victories on the Patriot Act, uncovering thousands of pages of documents detailing the torture and abuse of detainees in U.S. custody and filing the first successful legal challenge to the Bush administration's illegal NSA spying program. Romero also led the ACLU in establishing the John Adams Project, a joint effort with the National Association of Criminal Defense Lawyers to assist the under-resourced military defense lawyers in the Guantánamo military commissions.
An attorney with a history of public-interest activism, Romero is the ACLU's sixth executive director, and the first Latino and openly gay man to serve in that capacity. In 2005, Romero was named one of Time Magazine's "25 Most Influential Hispanics in America," and he has received dozens of public service awards and an honorary doctorate from the City University of New York School of Law.
In 2007, Romero and co-author and NPR correspondent Dina Temple-Raston published “In Defense of Our America: The Fight for Civil Liberties in the Age of Terror,” a book that takes a critical look at civil liberties in this country at a time when constitutional freedoms are in peril.
Jeffrey Rosen, President and CEO, National Constitution Center
Jeffrey Rosen is president and CEO of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a non-partisan basis.” The Center engages millions of citizens as an interactive museum, national town hall and headquarters for civic education. Rosen is also a professor at The George Washington University Law School and the legal affairs editor of The New Republic. He is a nonresident senior fellow at the Brookings Institution, where he explores issues involving the future of technology and the Constitution.
Rosen is a highly regarded journalist whose essays and commentaries have appeared in The New York Times Magazine, The Atlantic Monthly, on National Public Radio and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the "10 Best Magazine Journalists in America" and a reviewer for the Los Angeles Times called him "the nation's most widely read and influential legal commentator.” He received the 2012 Golden Pen Award from the Legal Writing Institute for his “extraordinary contribution to the cause of better legal writing.” Rosen is the author of several books. His most recent, as co-editor, is titled, “Constitution 3.0: Freedom and Technological Change.”
Cecilia Elena Rouse, Dean; Lawrence and Shirley Katzman and Lewis and Anna Ernst Professor in the Economics of Education. Professor of Economics and Public Affairs
Her primary research interests are in labor economics with a focus on the economics of education. Rouse has served as an editor of the Journal of Labor Economics and is currently a senior editor of The Future of Children. She is the founding director of the Princeton University Education Research Section, is a member of the National Academy of Education and a research associate of the National Bureau of Economic Research. In 1998-99 she served a year in the White House at the National Economic Council and from 2009-2011 served as a member of the President’s Council of Economic Advisers. Ph.D. Harvard University.
Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor, University of Chicago
Stone joined the University of Chicago faculty in 1973 after serving as a law clerk to U.S. Supreme Court Justice William J. Brennan Jr. He later served as dean of the Law School (1987-1994) and provost of the University of Chicago (1994-2002).
Stone is the author and co-author of a number of books on constitutional law. His book “Perilous Times: Free Speech in Wartime” received eight national book awards including the Robert F. Kennedy Memorial Book Award, the Los Angeles Times' "Book Prize for History" and Harvard University's annual Book Award for Public Affairs. Stone is currently chief editor of the 20-volume series “Inalienable Rights,” which is being published by the Oxford University Press. His next major book titled “Sexing the Constitution” will explore the history of sex from ancient Greece to contemporary constitutional law.
Nadine Strossen, Professor of Law, New York Law School; President, American Civil Liberties Union (ACLU), 1991-2008
Strossen, a professor of law at New York Law School since 1988, has written, lectured and practiced extensively in constitutional law, civil liberties and international human rights. From 1991 through 2008, she served as president of the American Civil Liberties Union, and she is currently a member of the ACLU’s National Advisory Council. Strossen also served on the board and executive committee of Human Rights Watch. The National Law Journal has named Strossen one of America’s "100 Most Influential Lawyers."
Strossen has commented frequently on legal issues in the national media, having appeared on virtually every national news program. Strossen's more than 300 published writings have appeared in many scholarly and general interest publications.
Samuel Walker, Professor Emeritus, Criminal Justice, University of Nebraska at Omaha
Samuel Walker is the author of “Presidents and Civil Liberties From Wilson to Obama” and “In Defense of American Liberties: A History of the ACLU.” With regard to criminal justice and policing, he is the author of “Sense and Nonsense About Crime, Drugs, and Community” (8th ed.) and “The New World of Police Accountability,“ (2nd ed.) In 2013, he served as an expert witness for the plaintiffs in the New York City stop and frisk case – Floyd v. New York City. He is also the creator of the forthcoming website Today in Civil Liberties History, a calendar with brief descriptions of about five or six civil liberties events for each day of the year with accompanying recommendations for books, websites, YouTube videos and other learning aids.
Laura Weinrib Ph.D. ’11, Assistant Professor of Law, University of Chicago Law School
Weinrib is a legal historian. Her scholarship explores the intersection of constitutional law and labor law with an emphasis on the social and cultural history of legal advocacy and ideas. Her current book project is “The Taming of Free Speech” (under contract with Harvard University Press). Based on extensive research in the ACLU records, among other sources, it traces the emergence during the first half of the 20th century of a constitutional concept of civil liberties, enforced by the courts, which protected speakers and ideas regardless of their popularity or perceived legitimacy.
Weinrib is a 2003 graduate of Harvard Law School and completed her Ph.D. in History at Princeton University in 2011. Her dissertation, "The Liberal Compromise: Civil Liberties, Labor, and the Limits of State Power, 1917–1940," received the Cromwell Prize for the Best Dissertation in Legal History by the American Society for Legal History. Prior to joining the University of Chicago Law School faculty, she was a Samuel I. Golieb Fellow in Legal History at the New York University School of Law.