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.”).
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