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Licensed Unlicensed Requires Authentication Published by De Gruyter November 7, 2017

The Shadow of Executive Privilege

Heidi Kitrosser
From the journal The Forum

Corresponding author: Heidi Kitrosser, Professor, University of Minnesota Law School, Minneapolis, MN, USA


Article note:

I am grateful to Laura Donohue for assuring me that she does not object to the close parallel between my title and that of her masterful article, The Shadow of State Secrets, 159 U. Pa. L. Rev. 77 (2010). Elsewhere, I have discussed the shadow effect of executive privilege together with the shadow effect of state secrets doctrine, and benefitted enormously from Donohue’s article in so doing. See, e.g., Heidi Kitrosser, Reclaiming Accountability 99 (2015) (citing Donohue’s work to the effect that “[t]he state secrets privilege casts a very long shadow.”).


Published Online: 2017-11-7

©2017 Walter de Gruyter GmbH, Berlin/Boston

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