Stephen Vladeck

Stephen Vladeck is the A. Dalton Cross Professor in Law at the University of Texas School of Law,[1][2][3][4] where he specializes in national security law, especially with relation to the prosecution of war crimes.[5][6] Vladeck has commented on the legality of the United States' use of extrajudicial detention and torture,[7] and is a regular contributor to CNN.

Stephen Vladeck
NationalityUnited States
Occupationlaw professor
Known forexpert on the prosecution of war crimes

Life and career

Vladeck is the son of Fredda Wellin Vladeck and Bruce C. Vladeck, who was the administrator of the Health Care Financing Administration from 1993 to 1997.[8] He is the grandson of Judith Vladeck, a labor lawyer who won major sex and age discrimination cases.[9]

Vladeck was a two-sport athlete at Montgomery Blair High School in Silver Spring, Maryland, and he was active in the athletics department at Amherst College, where he graduated summa cum laude with a double major in mathematics and history.[10][8] His J.D. degree is from Yale Law School, where he was the executive director of the Yale Law Journal and was the student director of the Balancing Civil Liberties & National Security Post-9/11 Litigation Project. He was also awarded the Potter Stewart Prize and Harlan Fiske Stone Prize.[11]

Vladeck clerked for Marsha Berzon and Rosemary Barkett — judges on the 9th and 11th Circuit Court of Appeals.[6] He worked on the legal team managed by Neal K. Katyal that successfully challenged the Constitutionality of George W. Bush's Guantanamo Military Commissions.[12] In 2005 Vladeck joined the law faculty at the University of Miami School of Law in Coral Gables, Florida.[13] In 2007 he joined the faculty at the Washington College of Law at American University.[1] In 2016 he joined the faculty at the University of Texas School of Law.[6] Vladeck is a founding member of Lawfare, and a contributor at PrawfsBlawg.[5]

Vladeck married Karen Shafrir in 2011.[8]

Media

On March 30, 2017, CNN quoted Vladeck's opinion on whether the Supreme Court's should agree to hear two new cases of individuals held at Guantanamo.[14] Vladeck had submitted Amicus curiae opinions when Nashiri v. Obama and Bahlul v. Obama were heard by a Washington DC appeals court.

On December 7, 2017, Vladeck wrote for NBC News that the courts should allow the defamation suit brought by Summer Zervos, a former Apprentice contestant, against Donald J. Trump, to proceed. Zervos claimed that Trump sexually assaulted her in 2007 and made false statements about her while speaking about the claims during the 2016 campaign. In Clinton v. Jones, Paula Jones sued a sitting President. Trump's lawyers argued that Clinton v. Jones was a federal case, and therefore doesn't apply to Zervos' state case. Vladeck argued that the same logic of Clinton v. Jones would hold for Zervos' case.[15]

Vladeck co-hosts the National Security Law Podcast with fellow University of Texas law professor Robert Chesney.[16]

Academic publications

Books

Law review publications

State Law, the Westfall Act, and the Nature of the Bivens Question, 161 U. PA. L. REV. 509 (2013) (with Carlos M. Vázquez)

  • The New National Security Canon, 61 AM. U. L. REV. 1295 (2012)
  • The Passive-Aggressive Virtues, 111 COLUM. L. REV. SIDEBAR 122 (2011)
  • The Laws of War as a Constitutional Limit on Military Jurisdiction, 4 J. NAT'L SEC. L. & POL'Y 295 (2010)
  • Terrorism Trials and the Article III Courts After Abu Ali, 88 TEX. L. REV. 1501 (2010)
  • Boumediene's Quiet Theory: Access to Courts and the Separation of Powers, 84 NOTRE DAME L. REV. 2107 (2009)
  • Deconstructing Hirota: Habeas Corpus, Citizenship, and Article III, 95 GEO. L.J. 1497 (2007)
  • The Demise of Merits-Based Adjudication in Post-9/11 National Security Litigation, 64 DRAKE L. REV. 1035 (2016)
  • Using the Supreme Court's Original Habeas Jurisdiction To "Ma[k]e" New Rules Retroactive, 28 FED. SENT. REP. 225 (2016)

War and Justiciability, 49 SUFFOLK L. REV. 47 (2016)

  • The Exceptionalism of Foreign Relations Normalization, 128 HARV. L. REV. F. 322 (2015)
  • The FISA Court and Article III, 72 WASH. & LEE L. REV. 1161 (2015)
  • Terrorism Prosecutions and the Problem of Constitutional "Cross-Ruffing," 36 CARDOZO L. REV. 709 (2014)
  • Detention After the AUMF, 82 FORDHAM L. REV. 2189 (2014)
  • Standing and Secret Surveillance, 10 I/S: J.L. & POL'Y FOR INFO. SOC'Y 551 (2014)
  • Big Data Before and After Snowden, 7 J. NAT'L SEC. L. & POL'Y 333 (2014)
  • Targeted Killing and Judicial Review, 82 GEO. WASH. L. REV. ARGUENDO 11 (2014)
  • Habeas, Due Process, and Extradition, 98 CORNELL L. REV. ONLINE 20 (2013)
  • Access to Counsel, Res Judicata, and the Future of Habeas at Guantánamo, 161 U. PA. L. REV. PENNUMBRA 78 (2012)
  • Douglas and the Fate of Ex Parte Young, 122 YALE L.J. ONLINE 13 (2012)
  • States' Rights and State Standing, 46 U. RICH. L. REV. 845 (2012)
  • Insular Thinking About Habeas, 97 IOWA L. REV. BULL. 16 (2012)
  • Normalizing Guantánamo, 48 AM. CRIM. L. REV. 1547 (2011)
  • Bivens Remedies and the Myth of the "Heady Days," 8 U. ST. THOMAS L.J. 513 (2011)
  • Why Klein Still Matters: Congressional Deception and the War on Terrorism, 5 J. NAT'L SEC. L. & POL'Y 251 (2011)
  • The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration, 27 CONST. COMMENT. 603 (2010)
  • State Sovereign Immunity and the Roberts Court, 5 CHARLESTON L. REV. 99 (2010)
  • Common-Law Habeas and the Separation of Powers, 95 IOWA L. REV. BULL. 39 (2010)
  • Terrorism and International Criminal Law After the Military Commissions Acts, 8 SANTA CLARA J. INT'L L. 101 (2010)
  • National Security and Bivens After Iqbal, 14 LEWIS & CLARK L. REV. 255 (2010)
  • The Problem of Jurisdictional Non-Precedent, 44 TULSA L. REV. 587 (2009)
  • The Case Against National Security Courts, 45 WILLAMETTE L. REV. 505 (2009)
  • AEDPA, Saucier, and the Stronger Case for Rule-First Constitutional Adjudication, 32 SEATTLE U. L. REV. 595 (2009)
  • Habeas Corpus, Alternative Remedies, and the Myth of Swain v. Pressley, 13 ROGER WILLIAMS U. L. REV. 411 (2008)
  • Foreign Affairs Originalism in Youngstown's Shadow, 53 ST. LOUIS U. L.J. 29 (2008)
  • On Jurisdictional Elephants and Kangaroo Courts, 103 NW. U. L. REV. COLLOQUY 172 (2008)
  • The Espionage Act and National Security Whistleblowing After Garcetti, 57 AM. U. L. REV. 1531 (2008)
  • The Suspension Clause as a Structural Right, 62 U. MIAMI L. REV. 275 (2008)
  • Emergency Power and the Militia Acts, 114 YALE L.J. 149 (2004)
  • A Small Problem of Precedent: 18 U.S.C. § 4001(a) and the Detention of U.S. Citizen "Enemy Combatants," 112 YALE L.J. 961 (2003)
  • The Calling Forth Clause and the Domestic Commander-in-Chief, 29 CARDOZO L. REV. 1091 (2008)
  • The Field Theory: Martial Law, the Suspension Power, and the Insurrection Act, 80 TEMPLE L. REV. 391 (2007)
  • Enemy Aliens, Enemy Property, and Access to the Courts, 11 LEWIS & CLARK L. REV. 963 (2007)
  • Congress, the Commander-in-Chief, and the Separation of Powers After Hamdan, 16 TRANSNAT'L L. & CONTEMP. PROBS. 933 (2007)
  • The Increasingly "Unflagging Obligation": Federal Jurisdiction After Saudi Basic and Anna Nicole, 42 TULSA L. REV. 553 (2007)

Inchoate Liability and the Espionage Act: The Statutory Framework and the Freedom of the Press, 1 HARV. L. & POL'Y REV. 219 (2007) Ludecke's Lengthening Shadow: The Disturbing Prospect of War Without End, 2 J. NAT'L SEC. L. & POL'Y 53 (2006) The D.C. Circuit After Boumediene, 41 SETON HALL L. REV. 1451 (2011)

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References
  1. "Stephen I. Vladeck, Professor of Law, Associate Dean for Scholarship". Washington College of Law. Archived from the original on 2013-04-29. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. A nationally recognized expert on the role of the federal courts in the war on terrorism, he was part of the legal team that successfully challenged the Bush Administration's use of military tribunals at Guantánamo Bay, Cuba, in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), and has co-authored party and amicus briefs in a host of other major lawsuits, many of which have challenged the U.S. government's surveillance and detention of terrorism suspects.
  2. Vladeck, Steve (May 22, 2013). "Why Clapper Matters: The Future of Programmatic Surveillance". Lawfare. Retrieved July 18, 2013.
  3. Klein, Kent (2011-06-01). "Supreme Court: US Muslim Cannot Sue Former Official". Voice of America. A law professor at the American University College of Law, Stephen Vladeck, said the justices agreed unanimously that Ashcroft could not be sued personally. And a majority also rejected the merits of al-Kidd's case.
  4. Carol Rosenberg (2016-10-18). "Guantánamo judge has U.S. Marshals seize no-show war court witness". Miami Herald. Archived from the original on 2016-10-18. Vladeck questioned the war court's authority to do this. "I have to imagine he has a pretty good habeas claim," he said of Gill's overnight detention to testify. "If the commissions can't usually issue extraordinary writs, what is the government's legal basis for detaining him?"
  5. "Posts by Steve Vladeck". Lawfare. 2013-05-16. Archived from the original on 2013-04-30. Retrieved 2013-05-22. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit.
  6. "Stephen I. Vladeck". University of Texas School of Law. Retrieved 2016-10-23. A nationally recognized expert on the role of the federal courts in the war on terrorism, Vladeck's prolific and widely cited scholarship has appeared in an array of legal publications—including the Harvard Law Review and the Yale Law Journal — and his popular writing has been published in forums ranging from the New York Times to BuzzFeed. Vladeck, who is a Supreme Court analyst for CNN and a co-author of Aspen Publishers' leading national security law and counterterrorism law casebooks, frequently represents parties or amici in litigation challenging government counterterrorism policies, and has authored reports on related topics for a wide range of organizations—including the First Amendment Center, the Constitution Project, and the ABA's Standing Committee on Law and National Security.
  7. Cowley, Geoffrey (2013-05-21). "Obama defends his Guantánamo crackdown". MSNBC. Retrieved 2013-05-22.
  8. "Karen Shafrir, Stephen Vladeck". New York Times. 2011-11-13. p. ST16. Archived from the original on 2017-12-03. Mr. Vladeck, 32, is a law professor and the associate dean for scholarship at American University Washington College of Law. He graduated summa cum laude from Amherst and received a law degree from Yale.
  9. Lat, David (11 January 2007). "Judith P. Vladeck, R.I.P." Above the Law. Retrieved 26 September 2018.
  10. Binder, Becca (23 May 2001). "A record-breaking performance". The Amherst Student (25). Retrieved 26 September 2018.
  11. Mianzo, Barbara (27 October 2017). "Stephen Vladeck '04, "The Past, Present, and Future of the Guantánamo Military Commissions"". Retrieved 26 September 2018.
  12. Thomas, Kaitlin. "Hamdan v. Rumsfeld: Neal Katyal Leads Students from Guantánamo to the Supreme Court" (PDF). Yale Law Report (Summer 2006): 37–43. Retrieved 26 September 2018.
  13. Nash, Leonard. "A Constitutional Scholar for Our Times". Miami Magazine (Spring 2006). Retrieved 26 September 2018.
  14. "Supreme Court asked to review Guantanamo tribunals: Yemeni has been held since 2002". KXLY-TV. 2017-03-29. Archived from the original on 2017-03-31. Retrieved 2017-03-30. Steve Vladeck, professor of law at the University of Texas School of Law and CNN Supreme Court analyst, who has filed friend-of-the-court briefs in the lower courts in both cases, says that although the case seems technical, it is central to the constitutional question confronting the post-September 11 military commissions.
  15. Trump's lawyer: Summer Zervos can't sue in state court. Legal expert: Wrong. Not so fast, Mr. President. By Steve Vladeck. NBC News. Dec. 7, 2017
  16. "The National Security Law Podcast". Retrieved 26 September 2018.
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