Combating Terrorism: Charting the Course for a New Administration

April 10, 2008Duke Law News

LENS Conference
April 10-11, 2008

Sponsored by Duke Law's Center on Law, Ethics and National Security, Center for International and Comparative Law, and Program in Public Law, with generous support from Duke University's Vice Provost for International Affairs and Development, the Terry Sanford School of Public Policy, and the Center for International Business Education & Research; and Warren and Faye Wickersham

All panel sessions will be held in Geneen Auditorium in the Fuqua School of Business; all meals will be in the Thomas Center

The national election is just months away and, regardless of which party wins, there will be a new administration in the White House and perhaps shifts in the balance of political power on Capitol Hill. Should that new administration move away from the Bush administration strategy for combating terrorism both here and abroad, or should it keep the one used for the last several years? In charting the course for a new administration, many different aspects of national power must be considered, from the traditional use of military force as in Iraq and Afghanistan, to acquiring intelligence, and even to shaping our foreign policy to ensure maximum protection against further terrorist attacks in this country or against our interests overseas. Through a series of panel discussions, the conference will examine a number of specific issues with regard to shaping our counterterrorism policy for the next four years and beyond: the accountability of military contractors accompanying military forces on the battlefield; proposals for reform of the Foreign Intelligence Surveillance Act; the international component of combating terrorism, including formulation of our foreign policy and how we can best ensure integrated global cooperation; the problems in successfully prosecuting terrorism cases in our federal courts and the very controversial use of extraordinary rendition; and, the ethical considerations in rendering legal advice to policymakers in the war on terrorism. Three keynote addresses during the conference will focus on specific, current issues within the overall context of combating terrorism. The conference brings together a prestigious group of scholars, policymakers, and commentators who will take an interdisciplinary approach to all these issues from both a legal and a policy perspective.

Thursday, April 10


Scott L. Silliman
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University

Panel I: Using Private Military Contractors: Issues of Accountability

Christopher H. Schroeder, Chair
Charles S. Murphy Professor of Law and Public Policy Studies, Duke University

Deborah Pearlstein
Visiting Scholar, Princeton University and Past Director, Law and National Security Program at Human Rights First

Scott Horton
Adjunct Professor of Law, Columbia Law School

Stephen Hedger
Legislative Assistant, Office of Senator Claire McCaskill (D MO)

Nadia Naviwala
Legislative Aide, Office of Senator Jim Webb (D VA)

Panel II: FISA Reform

Robert M. Chesney, Chair
Associate Professor of Law, Wake Forest University School of Law

Lisa Graves
Deputy Director, Center for National Security Studies

Suzanne Spaulding
Principal, Bingham Consulting Group

The Honorable Benjamin A. Powell
General Counsel, Office of the Director of National Intelligence

James Baker
Counsel for Intelligence Policy, National Security Division, Justice Department (2001-2007); Resident Fellow, Institute for Politics, John F. Kennedy School of Government, Harvard University (2007)

Luncheon: Shaping our Foreign Policy for the Continuing War on Terrorism

Bruce W. Jentleson
Professor of Public Policy and Political Science, Duke University

Peter D. Feaver
Alexander E. Hehmeyer Professor of Political Science and Public Policy, Duke University

Panel III: The War on Terrorism: Role of the International Community

A. Mark Weisburd, Chair
Martha M. Brandis Professor of Law, University of North Carolina School of Law

Amos N. Guiora
Professor of Law, S.J. Quinney College of Law, University of Utah

Ron Atkey PC, QC
Counsel on Security Intelligence, UWO Law and Osgoode Hall Law School, Toronto, Canada; Amicus Curiae to the Arar Commission; and first Chair of the Security Intelligence Review Committee (Canada)

The Honorable Nicholas Rostow
University Counsel and Vice Chancellor for Legal Affairs, The State University of New York; former Senior Policy Adviser to the U.S. Permanent Representative to the United Nations

David Bickford
Former Legal Director, MI 5/MI 6

Reception & Dinner: Iraq: Acknowledging Past Errors and Future Challenges

His Excellency Samir Sumaida'ie
Ambassador of the Republic of Iraq to the United States

Friday, April 11th

Panel IV: Prosecuting Terrorism Cases in our Federal Courts

Sara Sun Beale, Chair
Charles L. B. Lowndes Professor of Law, Duke University School of Law

Norman Abrams
Professor of Law Emeritus, UCLA School of Law

Michael E. Tigar
Visiting Professor, Duke University School of Law

Karl Metzner
Deputy Chief, Criminal Division, Office of the U.S. Attorney for the Southern District of New York

The Honorable David B. Sentelle
Chief Judge, U.S. Court of Appeals for the District of Columbia

Panel V: Extraordinary Rendition
Professor Scott L. Silliman, Chair
Professor of the Practice of Law and Executive Director, Center on Law, Ethics and National Security, Duke University

John Radsan
Associate Professor of Law, William Mitchell College of Law

Aziz Huq
Deputy Director, Justice Program, Brennan Center for Justice at the New York University School of Law

Michael F. Scheuer
Adjunct Professor of Security Studies, Center for Peace and Security Studies, Georgetown University

Mark Mazzetti
Correspondent, The New York Times

Luncheon: Domestic Security Considerations for 2009 and Beyond

Paul Rosenzweig
Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security

Panel VI: The Role of the Lawyer in the War on Terrorism

Kathryn W. Bradley, Chair
Senior Lecturing Fellow, Duke University School of Law

Major General Jack L. Rives, USAF
The Judge Advocate General, United States Air Force

John T. Martinez
Assistant General Counsel, Central Intelligence Agency

David J. Luban
University Professor, Georgetown University Law Center

Patrick F. Philbin
Partner, Kirkland & Ellis

Conference website