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Terror in the Balance

Security, Liberty, and the Courts

Terror in the Balance by Eric A. Posner
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Part I: Constitutional Law and Theory

1. Emergencies, Tradeoffs, and Deference

2. The Panic Theory

3. The Democratic Failure Theory

4. The Ratchet Theory and Other Long-Run Effects

Part II: Applications

5. Institutional Alternatives to Judicial Deference

6. Coercive Interrogation

7. Speech, Due Process, and Political Trials

8. Military Force

Conclusion: Emergency Powers and Lawyers' Expertise



Oxford University Press, USA; January 2007
328 pages; ISBN 9780190294984
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Title: Terror in the Balance
Author: Eric A. Posner; Adrian Vermeule
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