2019 James R. Browning Distinguished Lecture in Law, "Holding the Delicate Balance Steady and True": The History of FISA's Grand Bargain

Authors

Richard C. Tallman, Richard C. Tallman, Senior U.S. Circuit Judge for the Ninth Circuit and Judge on the Foreign Intelligence Surveillance Court of Review
Tania M. Culbertson, Tania M. Culbertson, Career Law Clerk to Judge Tallman

First Page

137

Last Page

152

Document Type

James R. Browning Distinguished Lecture in Law

Abstract

The Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ("FISA") and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA's judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA's statutory framework under our Constitution.

Recommended Citation

Richard C. Tallman & Tania M. Culbertson, 2019 James R. Browning Distinguished Lecture in Law, "Holding the Delicate Balance Steady and True": The History of FISA's Grand Bargain, 80 Mont. L. Rev. 137 (2019).