INSCT - Institute for National Security & Counterterrorism

INSCT Publications

William C. Banks

Security Books and Book Chapters

"Who's in Charge: The Role of the Military in Disaster Response." In Disaster Law. Farber and Fature, ed. Edward Elgar Publishing, Ltd., UK. forthcoming (first published in Mississippi College Law Review 26, 75-104.) forthcoming.

"Forward." In Making Sense of Proxy Wars. Michael Innes. Potomac Books, Inc. forthcoming.

New Battlefields/Old Laws:Critical Debates from the Hague Convention to Asymmetric Warfare. Columbia University Press. forthcoming 2010 (edited volume, two chapters contributed).

The Military in America: Superior to the Civil Power? Oxford University Press. forthcoming 2010 (with Stephen Dycus.

National Security Law 2008 Case Supplement. Aspen Publishers. 2008 (with Stephen Dycus, Arthur Berney, and Peter Raven-Hansen).

National Security Law Teacher's Manual. Aspen Publishers. 2008. (with Stephen Dycus and Peter Raven-Hansen)

Combating Terrorism. Washington, D.C.: Congressional Quarterly Press. 356 pp. 2008 (with Mitchel Wallerstein and Renée de Nevers). Link to order from Amazon.com

Counterterrorism Law. Aspen Law & Business. 2007; 2009-2010 Supplement (with Stephen Dycus and Peter Raven-Hansen). Link to order from Amazon.com

"Legal Sanctuaries and Predator Strikes in the War on Terror." In Denial of Sanctuary: Understanding Terrorist Safe Havens. Edited by Michael Innes. Westport, CT: Praeger Press: 112-123. 2007.

National Security Law, Fourth Edition. Aspen Law & Business. 2007; 2009-2010 Supplement; (with Dycus, Berney & Raven-Hansen). Link to order from Amazon.com

"United States Response to September 11." In Global Anti-Terrorism Law and Policy. Victor Ramraj, Michael Hor, and Kent Roach, eds. Cambridge University Press. 2005.

"Terrorism in Argentina: Government as its Own Worst Enemy." In Global Anti-Terrorism and Policy. Victor Ramraj, Michael Hor, and Kent Roach, eds. Cambridge University Press. 2005 (with A. Carrio)

"Peacekeeping in Bosnia." In Terrorism and Peacekeeping: New Security Challenges. Volker Franke, ed. Greenwood Press. 2004 (with J. Straussman).

"To Prevent and Deter International Terrorism." In Terrorism and Peacekeeping: New Security Challenges. Volker Franke, ed. Greenwood Press. 2004.

"The Predator." In Terrorism and Peacekeeping: New Security Challenges. Volker Franke, ed. Greenwood Press. 2004.

"Foreign Intelligence Surveillance Act." In Major Acts of Congress. Brian Landsberg, ed. Macmillian Reference USA. 2003.

National Security Law, Third Edition. Aspen Law & Business. 2002; 2005-2006 Supplement.; Teacher's Manual, 2003; 2003-2004 Supplement (with Dycus, Berney, & Raven-Hansen).

A New Imperial Presidency? Insights from United States Involvement in Bosnia (with J. Straussman), in THE NEW AMERICAN INTERVENTIONISM: LESSONS FROM SUCCESSES AND FAILURES (Columbia University Press) (1999).

Teacher's Manual: National Security Law. Aspen Law & Business. 1997 (with Dycus, Berney and Raven-Hansen).

National Security Law and the Power of the Purse. Oxford University Press. 1994 (with P. Raven-Hansen).

Teacher's Manual, National Security Law. Little Brown & Co. 1991 (with S. Dycus, A. Berney, P. Raven-Hansen).

National Security Law. Little Brown & Co. 1990. (with S. Dycus, A. Berney, P. Raven-Hansen).

Security Articles

"Introduction." Bobbit Symposium. Syracuse J. Int'L & Com. forthcoming 2009.

"Introduction." 3 J. National Security Law and Policy. forthcoming 2009.

"Smart Counterterrorism." Criminology and Public Policy. Volume 8(3), pp. 593-599. 2009.

"Closing Guantanamo and Redirecting the U.S. Ship of State." Journal of Parliamentary and Political Law. Volume III:1. 2009.

"Is the FISA Amendment Act of 2008 good policy? Is it constitutional?" Journal of the National Security Forum. A Special Issue of the William Mitchell Law Review. Vol. 35 N. 5: 5007-5017. William Mitchell College of Law. 2009.

"Providing 'Supplemental Security': The Insurrection Act and the Military Role in Responding to Domestic Crises." 3 J. National Security Law & Policy. 2009.

"Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)." In Encyclopedia of Privacy, Vol. 2. William G. Staples, Ed. Westport, CT: Greenwood Press: 583-588. 2007.

"Who's in Charge: The Role of the Military in Disaster Response." 26 Mississippi C.L. Rev. 75-105. 2006-07.

"The Death of FISA." 91 Minnesota L. Rev., Issue 5, 1209-1301. 2007.

"A Second Nuclear Age?" Introduction to symposium, "A Nuclear Iran: The Legal Implications of a Preemptive National Security Strategy." 57 Syracuse L. Rev. No. 3, 429-432, 2007.

"'If Men Were Angels' NSA Eavesdropping and the Fourth Amendment." National Security Law Report. Published by ABA's Standing Committee on Law and National Security (March 2006).

"Mold, Mildew, and the Military Role in Disaster Response." The Jurist, University of Pittsburgh School of Law. October 17, 2005.

"Teaching and Learning about Terrorism." Journal of Legal Education. Association of American Law Schools. Georgetown University Law Center, 2005.

"The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response." 64 L.S.U. L. REV. 4 (2004).

"The Role of the Courts in Time of War." Syndicus Magazine. Syracuse University College of Law (2003); reprinted in 14 The Intelligencer 35, Journal of U.S. Intelligence Studies. 2004.

"And the Wall Came Tumbling Down: Secret Surveillance After the Terror."
57 U. Miami L. Rev. 1147. July 2003.

"NSA Eavesdropping and the Fourth Amendment" You can read his article, at The Jurist website.

"Targeted Killing and Assassination: The U.S. Legal Framework." 37 U. Richmond L.Rev. 667, 2003 (with P. Raven-Hansen).

"Troops Defending the Homeland: The Posse Comitatis Act and the Legal Environment for a Military Role in Domestic Counter Terrorism." 14 J. of Terrorism and Political Violence 1-41, 2002.

"How We Uncover Their Plots: Laws for Keeping Tabs on Terrorists Draw Difficult Lines." Legal Times. September 17, 2001.

"Executive Authority for National Security Surveillance." 50 AM. U. L.REV. 1 2001 (with M.E. Bowman).

"Trolling for Terrorist: New Report Outlines Surveillance Authorities." 22 American Bar Association National Security Law Report 10, 2000.

The 'L.A. Eight' and Investigation of Terrorist Threats in the United States, 31 Col. Hum. Rights L. REV. 479, 2000.

"Defense Contingency Budgeting in the Post-Cold-War World." Public Administration Review. Vol. 59 No. 2. March/April 1999 (with J. Straussman).

"A New Imperial Presidency: Lessons From United States Involvement in Bosnia." Political Science Quarterly, Vol. 114, 1999 (with J. Straussman).

"From Vietnam to Desert Shield. The Commander in Chief's Spending Power." 81 Iowa L. Rev. 79, 1995 (with Peter Raven-Hansen).

"Pulling the Purse Strings of the Commander in Chief." 80 Va. L.Rev. 833. 1994 (with Peter Raven-Hansen).

"Presidential Systems in Stress: Emergency Powers in Argentina and the United States." 15 MICR. J. INT'L L. 1, 1993 (with Alejandro D. Carrio).

"While Congress Slept: The Iran-contra Affair and Institutional Responsibility for Covert Operations." 14 SYRACUSE J. INT'L L. & COM. 291. 1988.

"First Use of Nuclear Weapons: The Constitutional Role of a Congressional Leadership Committee." 13 J. LEGIS. 1. 1986.

Case Studies

"The Phantom Agent Part I." NATIONAL SECURITY STUDIES CASE SERIES. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University (2005).

"The Phantom Agent Part II." NATIONAL SECURITY STUDIES CASE SERIES. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University (2005).

"The Predator." NATIONAL SECURITY STUDIES CASE SERIES. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University (2003).

"Dangerous Prisoner: The Threat of Bioterrorism in the U.S." NATIONAL SECURITY STUDIES CASE SERIES. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (2002).

"The Devil and the Demon Part Teaching Notes: The Threat of Bioterrorism in the U.S." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"The Devil and the Demon Part I: The Threat of Bioterrorism in the U.S." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"The Devil and the Demon Part II: The Threat of Bioterrorism in the U.S.." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"The Devil and the Demon Part III: The Threat of Bioterrorism in the U.S." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"The Devil and the Demon Reference Material: The Threat of Bioterrorism in the U.S." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"To Prevent and Deter International Terrorism Teaching Notes: The U.S. Responses to the Kenya and Tanzania Embassy Bombings." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"To Prevent and Deter International Terrorism: The U.S. Responses to the Kenya and Tanzania Embassy Bombings." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).

"Peacekeeping in Bosnia Introduction." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997) (with J. Straussman).

"Peacekeeping in Bosnia Part I." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997) (with J. Straussman).

"Peacekeeping in Bosnia Part II." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997) (with J. Straussman).

"Peacekeeping in Bosnia Part III." NATIONAL SECURITY STUDIES CASE SERIES, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997) (with J. Straussman).

Other Publications

Constitutional Law: Structure and Rights in our Federal System, Fifth Edition. Lexis Publishing. 2005 (with D. Braveman and R. Smolla).

Constitutional Law: Structure and Rights in our Federal System, 4th Edition. Lexis Publishing. 2000. Annual Supplement 2000 - 2004. (with D. Braveman and R. Smolla)

"General Warrants." In Encyclopedia of American Civil Liberties. Routledge Publishing. 2004.

"A Comparison of Enforcement of Administrative Agency Rules and Orders in China and the United States." In The Study on Administrative Law, NO. 1." 2001 (with R. Goldsmith and G. Xue).

"The Integration of Theory and Practice in Teaching Structural Issues in Constitutional Law."17 Constitutional Commentary 361. 2000 (with D. Braveman).

"The U.S. Administrative Procedure Act (APA): History, Implementation, and Selected Contemporary Problems." In Third Annual East Asia Conference on Administrative Law, Papers and Proceedings. Shanghai, China. 1999 (with R. Goldsmith).

Constitutional Law: Structure and Rights in our Federal System, Third Edition. Matthew Bender & Co. 1996; Annual Supplements 1996 - 1999 (with D. Braveman and R. Smolla).

"The Legacy of Lopez: CERCLA and the Commerce Clause." 32 Chem. Waste Lit. Reporter 224. 1996.

"The Impact of Lopez v. United States: Is Environmental Regulations Limited by the Commerce Clause?" 5 EPA ADM. L. REV. 780. 1995.

"At the Halfway Point: Supreme Court Report." 81 ABA JOURNAL 50. April 1995.

"The Treaty Power in the Supreme Court." In Oxford Companion to the Supreme Court. Oxford University Press. 1992.

"The New Colombian Constitution, Democratic Victory or Popular Surrender." 23 INTER-AMERICAN L. REV. 39. 1991 (with E. Alvarez).

"State Workers' Compensation at Federal Facilities: A Classic Federalism Struggle." 7 Preview of United States Supreme Court Cases 291. 1988.

"When They get Close to the Truth: Challenging the Special Prosecutors." 38 SYRACUSE L. REV. 623. 1987.

"On Teaching Constitutional Law." Law School Report. Matthew Bender Co. 1987 (with D. Braveman).

"After One Hundred Years: A New First-Year Course is Needed." SYNDICUS. Syracuse University College of Law, Vol. 26 No. 3. Spring 1986.

"Federalism Disserved: The Drive for Deregulation." 45 MD. L. REV. 141. 1986.

"Institutional Responsibility: Environmental Values in the Supreme Court." 15 LAND USE & ENVTL. L. REV. 319. 1984. (reprint) (with Richard Goldsmith)

"The Legislative Veto and Efficiency: Separation of Powers Reexamined." 35 SYRACUSE L. REV. 715. 1984.

"Conservation, Federalist, and the Courts: Limiting the Judicial Role." 34 SYRACUSE L. REV. 685. 1983.

"Institutional Responsibility: Environmental Values in the Supreme Court." 7 Harv. ENVTL. L. REV. 1 (1983) (with Richard I. Goldsmith).

"Myth and Reality in Federalism Decisions." The Judge. Vol. 19, No. 5. Syracuse University College of Law. November 1982/ Syracuse University College of Law.

"EPA Bends to Industry Pressure on Coal NSPS- and Breaks." 9 ECOLOGY L.Q. 67. 1980.

"Energy Planning - Getting Through the 1980's." SYNDICUS. Syracuse University College of Law. Vol. 24, No. 1 (Winter 1980) (with Richard Goldsmith)