The topic of “secret law” is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See “Coming to Terms with Secret Law” by Dakota S. Rudesill, to be published in the Harvard National Security Journal.
Secret law is defined here as “legal authorities that require compliance [but] that are classified or otherwise withheld from the public.”
The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)
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Nearly one year after the Pentagon certified the Sentinel intercontinental ballistic missile program to continue after it incurred critical cost and schedule overruns, the new nuclear missile could once again be in trouble.
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