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The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan Apr 2002

The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan

Law and Contemporary Problems

In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.


Miranda’S Final Frontier—The International Arena: A Critical Analysis Of United States V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey Apr 2002

Miranda’S Final Frontier—The International Arena: A Critical Analysis Of United States V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey

Duke Law Journal

In recent years, the FBI and other federal law enforcement agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and Internet fraud schemes to terrorism. Where this law enforcement activity includes custodial interrogation of non-American citizens abroad, must American law enforcement officials provide Miranda warnings to such suspects? In 2001 in United States v. Bin Laden, a federal district court held that the Fifth Amendment's privilege against self-incrimination applies to non-American citizens interrogated abroad, thus requiring Miranda warnings in this context. This Article criticizes the Bin Laden court's strict application of Miranda and suggests that Miranda should …


Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans Apr 2002

Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans

Duke Law Journal

No abstract provided.


Situating Liberalism In Transnational Legal Space, Don Suh Apr 2002

Situating Liberalism In Transnational Legal Space, Don Suh

Duke Journal of Comparative & International Law

No abstract provided.


Fighting Fire With … Mire? Civil Remedies And The New War On State-Sponsored Terrorism, William P. Hoye Jan 2002

Fighting Fire With … Mire? Civil Remedies And The New War On State-Sponsored Terrorism, William P. Hoye

Duke Journal of Comparative & International Law

No abstract provided.