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Symposium Considers “9/11 and the Law, 10 Years After”

The attacks on 9/11, and the nation’s response to them, have challenged both the structure and the substance of the law governing national security. For its 2011 annual symposium, to be held on February 3 and 4, the Rutgers Law Review has brought together a top-notch group of experts to consider the unsettled foundations and uncertain outcomes of the struggle against transnational terrorism and suggest the way toward a rule of law adapted to the new reality.

“The upcoming 10th anniversary of 9/11 was certainly one impetus for selecting this topic,” says Sean Mullen ’11, Law Review editor-in-chief, “but we were also excited to have the chance to work with Dean John Farmer and draw on his expertise and experience in the field of national security law. With his help, we have assembled a group of speakers and panelists who represent all sides of the national security debates our country has engaged in over the last decade.” Speakers include military personnel engaged in counter-terrorism, academics who specialize in national security law, and several current and former members of the federal and state government who have grappled with national security issues.

“Over the course of the event,” adds Mullen, “we hope to explore the tensions that the war on terror has created in our legal system, and the ways in which the nation has tried to deal with those tensions.” Panel topics include the adequacy of the court system in adjudicating terror, congressional oversight of national security, the ethical obligations of professionals, and emerging threats and counter‑measures.

The Thursday, February 3, program will take place at the New Jersey Performing Arts Center and the Friday, February 4, program at the law school. Following is the agenda:

Unsettled Foundations, Uncertain Results: 9/11 and the Law, 10 Years After

Thursday, February 3: “Unsettled Foundations” 
Location: New Jersey Performing Arts Center, One Center Street, Newark, NJ 07102
Registration and Breakfast
8 – 9 am
Welcome and Overview
9 – 9:15 am
  John J. Farmer, Jr., Dean, Rutgers School of Law–Newark
Carlys Lemler ’11, Co-Chair, 2011 Rutgers Law Review Symposium
Elizabeth McPhillips ’11, Co-Chair, 2011 Rutgers Law Review Symposium 
Featured Speaker: “The Unsettled Foundations of National Security Law”
9:15 – 9:40 am 
  The Honorable Thomas Kean, Chief, National Commission on Terrorist Attacks Upon the United States 
Panel: “Executive Power and the Fourth Amendment”
9:45 – 11 am 
  Gregory Mark, Vice Dean, Rutgers School of Law–Newark, moderator
William Banks (invited), Director, Institute for National Security and Counterterrorism
Alex Gallo, Combating Terrorism Center, U.S. Military Academy
Thomas A. Schwartz, Ph.D., Professor of History, Vanderbilt University 
Panel: “Truth Commission Proposals and Ethical Obligations: The Duty to Report”
11:15 am – 12:30 pm 
  Dean John J. Farmer, Jr., moderator
Baher Azmy, Professor, Seton Hall Law School
Almerindo Ojeda, Director, Center for the Study of Human Rights in the Americas, University of California, Davis
Colby Vokey, Fitzpatrick, Hagood, Smith & Uhl LLP
James Yee, Former U.S. Army Chaplain at Guantanamo Bay and Executive Director, CAIR 
Featured Speaker: “9/11’s Challenge to the Courts”
(1:15 – 2 pm) 
  The Honorable John J. Gibbons, Chief Judge (Ret.), Third Circuit U.S. Court of Appeals 
Panel: “The Adequacy of the Court System”
2 – 3:15 pm 
  Harvey Rishikof, Chair, ABA Standing Committee on law and National Security, moderator
Norman Abrams, Professor of Law Emeritus, UCLA Law School
Capt. Glenn Sulmasy, U.S. Coast Guard Academy
Vincent Vitkowsky, Center for Law and Counterterrorism of the Foundation for the Defense of Democracies
Stephen I. Vladeck, Professor, American University School of Law
Panel: “Preventive Detention”
2 – 3:15 pm 
  Alec Walen, Associate Professor, Rutgers School of Law–Camden, moderator and panelist
Col. Morris Davis, Crimes of War Project
Christopher Slobogin, Director, Criminal Justice Program, Vanderbilt University Law School
Gary S. Thompson, Reed Smith LLP 
Featured Speaker: “Government Authority and National Security”
3:25 – 4:10 pm
  The Honorable Michael Chertoff, Former Secretary, U.S. Dept. of Homeland Security 
Panel: “Congressional Oversight and National Security”
4:10 – 5:15 pm 
  Ronald Chen, Vice Dean, Rutgers School of Law–Newark, moderator
Wyndee Parker, National Security Advisor, Office of the Minority Leader, U.S. House of Representatives
Harvey Rishikof
Suzanne Spaulding
, Bingham Consulting Group LLC 
Friday, February 4: “Uncertain Results: Unresolved Legal Issues” 
Location: Rutgers School of Law–Newark, 123 Washington Street, Newark, NJ 07102
Registration and Breakfast
8 – 9 am
Panel: “Tread Lightly: Pressures on the Media and Reporting Post 9/11”
9 – 10 am 
  Sandra King, Executive Producer, “Due Process,” moderator
Michael Bronner, “60 Minutes”
Robert Braun, Columnist, the Star-Ledger
Dafna Linzer, Senior Reporter, ProPublica, Inc.
Maj. (Ret.) Michael Lyons, Military Analyst, CBS News 
Panel: “Emerging Threats and Countermeasures”
10:05 – 11:20 am 
  The Honorable Thomas Kean, moderator
Paul Fishman (invited), U.S. Attorney for the District of New Jersey
Charles B. McKenna (invited), Director, New Jersey Office of Homeland Security and Preparedness
Raymond M. Brown, Greenbaum Rowe Smith & Davis LLP
Michael Hurley, President, Team 3i LLC
Christopher A. Kojm, Chairman, National Intelligence Council
John A. Russack, Director, Intelligence Community Strategies, Northrup Grumann Information Systems 
Panel: “Suspicious Activity Reporting”
11:30 am – 12:45 pm 
  Richard L. Cañas, Former Director, New Jersey Office of Homeland Security and Preparedness, moderator
Michael German, Policy Counsel, American Civil Liberties Union
Thomas J. O’Reilly, Director, Nationwide Suspicious Activity Reporting Initiative Program Management Office
Harvey Rishikof 
Panel: “Law of War Implications”
11:30 am – 12:45 pm
  Adil Ahmad Haque, Assistant Professor of Law, Rutgers School of Law–Newark, moderator
MG (Ret.) Paul D. Eaton, Former Commander of Training of the Iraqi Military Forces
Adam Klein, Columbia Law School
Dr. Nicholas Rostow, Senior Director, Center for Strategic Research Institute for National Strategic Studies 
Featured Speaker: “The Current State of Homeland Security”
1:15 – 2:15 pm 
  Ivan Fong, Esq., General Counsel, U.S. Department of Homeland Security 
Closing Remarks
2:15 pm 
  Dean John J. Farmer, Jr.