The Process of Balancing

by Oren Gross 45 Tul. L. Rev. 733 (2011)

Both Professor Donohue’s The Cost of Counterterrorism: Power, Politics, and Liberty and Judge Baker’s

In the Common Defense: National Security Law for Perilous Times, remind us that the discussion of tradeoffs and balancing between security and liberty is all too often premised on a perilous dichotomy and a false choice. “Security,” Baker reminds us, “is a predicate for liberty, not an alternative to liberty.”74 And Donohue echoes that by noting that the “security or freedom rubric” overlooks “many grave and complex problems.” Each author enhances our collective understanding of what is at stake and how to approach the challenges ahead. (full article)

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