Stephen Schulhofer

Stephen J. Schulhofer is the Robert B. McKay Professor of Law at New York University Law School and the author of The Enemy Within: Intelligence Gathering, Law Enforcement and Civil Liberties in the Wake of September 11.

Recent Articles

At War With Liberty

As expected, September 11 has prompted an expansion of law-enforcement powers at almost every level. And who would have it otherwise? For those of us who live and work in Manhattan, 9-11 was not a single horrific day but an extended nightmare. For weeks, kiosks, store windows and parks displayed fliers by the thousands, pleading for information about loved ones still missing. National Guard units seemed to be everywhere. Day after day, the air -- gray and acrid -- carried the smell of burning flesh. No, the "war" metaphor is not just convenient political spin. And despite shameless hyping of "sleeper cells" and color-coded threat levels, no responsible person can dismiss the danger of devastating future attacks. Actions to strengthen law enforcement are not simply the product of panic or paranoia. But the particulars are troubling, and worse. Predictably, there has been overreaction and political grandstanding. More surprising is the neglect. The administration has inexcusably swept...