Federal Judges and National Security: The Pros and Cons of Meaningful Judicial Oversight of the Executive

David Rudenstine, Cardozo Law School

Thu, 02/16/2017 - 12:00pm
Graduate Students
Policy Students

The Program in Law and Public Affairs invites MPP/MPA students to join us for "Law in the Public Service: Not Just for Lawyers," where our guest will be David Rudenstine.

This event is by invitation only.   If interested, email lapaeven@princeton.edu.

Are judges competent to decide matters affecting national security? Do they have the seasoned judgment and educational background to decide important questions that may arise in legal disputes affecting national security without putting the nation at risk? Are questions implicating national security inherently not legal ones but military or diplomatic or political ones? And if so, should courts simply defer to the executive rather than putting the nation’s security at risk by second guessing executive judgments? If there is merits to claims of judicial deference, how extreme should that deference be? Should courts simply grant the executive a blank check? If not, how should courts thread the needle so that courts respect the role of the executive in national security matters while upholding their role in the governing scheme?

David Rudenstine
Cardozo Law School, Yeshiva University

David Rudenstine, a member of the faculty of the Benjamin N. Cardozo School of Law, Yeshiva University since 1979, was the law school Dean from 2001-2009, and is the Sheldon H. Solow Professor of Law. He is most recently the author of The Age of Deference: The Supreme Court, National Security and the Constitutional Order (Oxford 2016), and The Day the Presses Stopped: A History of the Pentagon Papers Case (1996), which the University of California Press nominated for a Pulitzer Prize and which was selected by Publishers Weekly as one of the year’s best books. He has written or co-authored two other books as well as many scholarly articles in the fields of constitutional law, national security, cultural property, freedom of expression, criminal justice, and labor arbitration. During the 2000-2001 academic year, David Rudenstine was an inaugural Fellow in the Law and Public Affairs Program as well as a Visiting Research Scholar and Visiting Professor of Public and International Affairs at Princeton University. In April 2001, he gave the tenth annual Helen Buchanan Seeger lecture sponsored by the Center for Hellenic Studies at Princeton University. Prior to becoming a member of the Cardozo faculty, he had been a legal services attorney, Director of the Citizens’ Inquiry into Parole and Criminal Justice, Counsel to the National News Council, and a Project Director, Associate Director, and Acting Director at the New York Civil Liberties Union. David Rudenstine received a B.A. (1963) and a Masters in Art in Teaching degree (1965) from Yale University and a J.D. degree (1969) from New York University School of Law. Prior to attending law school, he served as Peace Corps Volunteer in Uganda from 1964-1966.