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Topic: Harold Koh

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	Technology Complicates NSA Debate
		Doug Kmiec, a professor at Pepperdine University School of Law, told the senators that the government needs a "programmatic way to have a detached set of eyes," which is not consistent with the FISA requirements.
		Harold Koh, dean of the Yale Law School, warned the committee that this argument would deem every search the government chooses to do "reasonable," obviating the Fourth Amendment's protections altogether.
		Also, the FISA allows the U.S. attorney general to approve warrantless surveillance in the United States for 15 days after a declaration of war, to pursue emergency situations while giving Congress time to pass whatever new laws are needed.
	www.eweek.com /article2/0,1895,1933867,00.asp (1371 words)

	The Empire Strikes Back -- Froomkin
		In this realm it is governments, not private citizens, who are the likely violators, and they tend to be quite fully aware of international treaties and other obligations; if they are not, the Internet is not going to educate them.
		Perritt seems on stronger ground on the issue of compliance with public international law when he endorses Harold Koh's suggestion
		Perritt does not tell us how he expects existing norms to spill over to the new medium, or for that matter how new norms might be expected to form.
	personal.law.miami.edu /~froomkin/articles/empire.htm (6076 words)

	Leiter Reports: A Group Blog: Con Law Scholars Dismantle Bush Apology for Warrantless Spying (Edmundson)
		A bipartisan array of constitutional law scholars has published "A Letter to Congress" (New York Review of Books, Feb. 8) assailing the DOJ's apology for Bush's secret, illegal program of domestic surveillance.
		The authors include Walter Dellinger, Ronald Dworkin, Richard Epstein, Harold Koh, William S. Sessions (former FBI director), Geoffrey Stone, Kathleen Sullivan, Lawrence Tribe, and William Van Alstyne.
		Responding to the DOJ's Dec. 19, 2005, White Paper and related transmissions to members of Congress, the Letter begins:
	leiterreports.typepad.com /blog/2006/02/con_law_scholar.html (789 words)

	blackprof.com (Site not responding. Last check: 2007-11-04)
		Participants will include Professor John Yoo, the influential (and controversial) former Bush Administration attorney, Professor Neal Katyal, who will be arguing this term's most anticipated Supreme Court case, Hamdan v.
		Rumsfeld, Dean Elena Kagan of the Harvard Law School, and Dean Harold Koh of the Yale Law School.
		The discussions should be lively and timely, given the increasing public interest in the limits of executive power and the wisdom of the unitary executive.
	www.blackprof.com /archives/2006/03 (10446 words)

	Instapundit.com - January 02, 2005 - January 08, 2005 Archives
		Following that testimony, Senator Cornyn asked the two professors: if someone is determined to be an al Qaeda fighter, “would they be entitled to the protections of the Geneva Convention?”
		Dean Harold Koh gave a somewhat wordy response that eventually concluded with this clear, unequivocal statement: “they are not POWs.” Following Dean Koh’s response, Dean John Hutson said: “I take the same view.”
		This doesn't, of course, mean that torture is okay.
	www.instapundit.com /archives/week_2005_01_02.php (13476 words)

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