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National Security Secrecy
No full textExcessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.</jats:p
Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in Liberalization and Globalization: Changing Legal Paradigm
No full textForthcoming: Sudha Setty, Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in LIBERALIZATION AND GLOBALIZATION: CHANGING LEGAL PARADIGM (National Law School of India University Book Series 2017), edited by Sairam Bhat.
The Indian government’s crackdown on anti-nationalist protest and its secret implementation of broad data collection and surveillance regime illustrates the dangers of empowering the government’s use of its vast powers to prevent, curtail or punish those who pose or are perceived to pose a threat to the economic security of India. This Book Chapter describes three strands to view with each other to understand the concern surrounding the use of counterterrorism powers to preserve neo-liberal goals in the face of criticism and protest.
These strands are the political imperative of the Indian government to protect and grow the economy while dealing with the fear that terrorism may derail India’s economic development; second, the inclusion of economic insecurity in the legal definition of a national security threat; and third, the vast powers granted to and used by intelligence and law enforcement agencies dealing with perceived national security threats with little judicial or other external constraint. The characterization of anti-nationalist protest as a form of sedition that led to the harsh treatment of the Jawaharlal Nehru University protesters and the largely secret but extremely broad Central Monitoring System data gathering and surveillance system are exemplars of concerns that arise with the granting of broad national security and counterterrorism powers and without strong oversight or constraint.
The Author proposes that Parliament reconsider its current authorization of the use of counterterrorism powers to deal with potential economic threats, and the courts be willing to look closely at cases that curtail the rights to expression, due process, and privacy in the name of economic security. If India is to ensure adherence to the rule of law while fulfilling the national priority of growing its economy, the Parliament courts and the public must insist on better transparency and accountability
Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in Liberalization and Globalization: Changing Legal Paradigm
No full textForthcoming: Sudha Setty, Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in LIBERALIZATION AND GLOBALIZATION: CHANGING LEGAL PARADIGM (National Law School of India University Book Series 2017), edited by Sairam Bhat.
The Indian government’s crackdown on anti-nationalist protest and its secret implementation of broad data collection and surveillance regime illustrates the dangers of empowering the government’s use of its vast powers to prevent, curtail or punish those who pose or are perceived to pose a threat to the economic security of India. This Book Chapter describes three strands to view with each other to understand the concern surrounding the use of counterterrorism powers to preserve neo-liberal goals in the face of criticism and protest.
These strands are the political imperative of the Indian government to protect and grow the economy while dealing with the fear that terrorism may derail India’s economic development; second, the inclusion of economic insecurity in the legal definition of a national security threat; and third, the vast powers granted to and used by intelligence and law enforcement agencies dealing with perceived national security threats with little judicial or other external constraint. The characterization of anti-nationalist protest as a form of sedition that led to the harsh treatment of the Jawaharlal Nehru University protesters and the largely secret but extremely broad Central Monitoring System data gathering and surveillance system are exemplars of concerns that arise with the granting of broad national security and counterterrorism powers and without strong oversight or constraint.
The Author proposes that Parliament reconsider its current authorization of the use of counterterrorism powers to deal with potential economic threats, and the courts be willing to look closely at cases that curtail the rights to expression, due process, and privacy in the name of economic security. If India is to ensure adherence to the rule of law while fulfilling the national priority of growing its economy, the Parliament courts and the public must insist on better transparency and accountability
Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in Liberalization and Globalization: Changing Legal Paradigm
No full textForthcoming: Sudha Setty, Neoliberal National Security: Wielding Counterterrorism Powers to Protect Economic Growth, in LIBERALIZATION AND GLOBALIZATION: CHANGING LEGAL PARADIGM (National Law School of India University Book Series 2017), edited by Sairam Bhat.
The Indian government’s crackdown on anti-nationalist protest and its secret implementation of broad data collection and surveillance regime illustrates the dangers of empowering the government’s use of its vast powers to prevent, curtail or punish those who pose or are perceived to pose a threat to the economic security of India. This Book Chapter describes three strands to view with each other to understand the concern surrounding the use of counterterrorism powers to preserve neo-liberal goals in the face of criticism and protest.
These strands are the political imperative of the Indian government to protect and grow the economy while dealing with the fear that terrorism may derail India’s economic development; second, the inclusion of economic insecurity in the legal definition of a national security threat; and third, the vast powers granted to and used by intelligence and law enforcement agencies dealing with perceived national security threats with little judicial or other external constraint. The characterization of anti-nationalist protest as a form of sedition that led to the harsh treatment of the Jawaharlal Nehru University protesters and the largely secret but extremely broad Central Monitoring System data gathering and surveillance system are exemplars of concerns that arise with the granting of broad national security and counterterrorism powers and without strong oversight or constraint.
The Author proposes that Parliament reconsider its current authorization of the use of counterterrorism powers to deal with potential economic threats, and the courts be willing to look closely at cases that curtail the rights to expression, due process, and privacy in the name of economic security. If India is to ensure adherence to the rule of law while fulfilling the national priority of growing its economy, the Parliament courts and the public must insist on better transparency and accountability
Foreword
No full textPublished: Sudha Setty, Foreword, 41 W. NEW ENG. L. REV. 1 (2019).
In this Article, the Author reflects on legal education and the role of law reviews. Law reviews not only serve as an educational opportunity, but offer potential legal reforms to help legal scholars, practitioners, and the public understand possible shortcomings of the current state of the law and help law and policy makers contemplate potential improvements
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
The President's Private Dictionary: How Secret Definitions Undermine Domestic and Transnational Efforts at Executive Branch Accountability
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