Our three papers provide a helpful review of the many things that can go wrong with our system for the protection of civil liberties under the pressures of war or other emergencies. Professor Winfield focuses on the U.S. Attorney General, the non-judicial officer from whom the public might expect the highest fidelity to the law and the constitution. She offers a sobering perspective on the ways in which those expectations can be and have been disappointed. The star of her taxonomy, I take it, is the Leveler, who reaches an independent (and rights-protective!) view of the law and works to persuade the administration to respect it. Sadly, we have not had nearly as many Francis Biddles as we would wish for.
William B. Fisch, Encouraging Courage: Law's Response to Fear and Risk, 69 Mo. L. Rev. 1115 (2004)