Samuel Issacharoff
Columbia Law School

Richard H. Pildes
New York University School of Law

Issacharoff is the Harold R. Medina Professor of Procedural Jurisprudence at Columbia Law School. Pildes is An-Bryce Professor of Law and Co-Director, Center on Law and Security, New York University School of Law; his research was supported, in part, by the Center on Law and Security at NYU School of Law. The authors thank Eyal Benvenisti, Ruth Gavison, Jack Goldsmith III, Gerald Neuman, Geoffrey Stone, and the participants at the Cegla Center Conference on National Security for helpful comments. All responsibility for the positions taken in this paper falls on the authors alone. Olivia Radin provided invaluable research assistance.