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Conference Proceeding


The Meaning of Citizenship in a Post-9/11 World, 75 Fordham Law Review 2531 (2007)


Let me begin by saying what I am not going to discuss. I am not going to discuss the law of war, unless I am drawn into it, because I am not an expert on the law of war, unlike David Cole. Therefore, if some of you came here hoping for a debate between David and me on issues of surveillance and detention of enemy combatants, you are not going to get it, at least if I can avoid it. I agree with a lot of what David says, and I certainly admire his work as an advocate in pressing legal challenges to provisions and practices whose legality has not been tested in this very unusual environment. Whether I would agree with his legal positions or on the policy questions is for me the most important thing. I suspect that this would require a much longer conversation in which I surely would learn a lot from him. So, to repeat, such a debate is not in the cards here, and I hope that you do not view it as an evasion if I attempt to keep my comments focused on the issue that I was asked to address, which is the role of citizenship after 9/11.

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