Digital Commons Network^™

Surveillance And Law Enforcement: Tools In The Fight Against Terror In A Comparative Study Of The United States And Pakistan, Waris Husain

ILSA Journal of International & Comparative Law

In the aftermath of September 11, 2001 (9/11), nations around the world began adopting emergency measures that emphasized national security but infringed on the rights guaranteed to citizens through their respective domestic constitutions and international law.

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.

Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Olympia Duhart, Kathy L. Cerminara

Faculty Scholarship

No abstract provided.

Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust

ILSA Journal of International & Comparative Law

The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'

Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke

ILSA Journal of International & Comparative Law

In waging the "war on terror," the United States (U.S.) has detained numerous individuals for many years and claims the right to detain them for their whole lives on the ground that they are dangerous.

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

Faculty Scholarship

This paper explores the range of values implicated by war and compares today's dominant values with those that prevailed during previous American wars, with a particular emphasis on the World War Two and early Cold War period. War is related to values, and as economists like to remind us, what we value becomes apparent in the movement of people and prices. Part I of this Article considers the moral, ethical and monetary values that prevailed throughout the 1940's and early 1950's. The normative threads that kept the World War Two effort on track were those of mobilization and shared sacrifice. …

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

ILSA Journal of International & Comparative Law

The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier

The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole

ILSA Journal of International & Comparative Law

This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.

A New Liberal Trade Policy Foundation, Hal S. Shapiro

ILSA Journal of International & Comparative Law

With the enactment of Trade Promotion Authority legislation in August of 2002' and a lackluster performance by Democrats in the November elections that followed, 2 a profound question looms over the left wing of the American body politic, a question that has attracted all too little attention to date: Has the time come for a new liberal approach to international trade and globalization?

The Impact Of September 11 On Terrorism Insurance: Comparing Senate Bill 2600, House Of Representatives Bill 3210, And The United Kingdom's Pool Re., Andrew S. Neuwelt

ILSA Journal of International & Comparative Law

"If insurance is a small world that reflects the purposes of the larger world outside it,"' then the events of September 11 have dealt a devastating blow to both worlds.

Social Cubism And Social Conflict: Analysis And Resolution, Sean Byrne, Neal Carter, Jessica Senehi

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.

Message As Medium In Sierra Leone, Diane Marie Amann

ILSA Journal of International & Comparative Law

This virtual haiku of war comes from a fellow named Josep Sonah, whom a Boston Globe report described as a nineteen-year-old veteran of the Sierra Leone civil war

Teaching The Laws Of War: Much Too Important To Be Left To Military Academies?, Ivana Shearer

ILSA Journal of International & Comparative Law

I have an uneasy feeling about the title of this panel. If it implies that there is widespread ignorance in the general community, and in civilian law schools in particular, and that this ignorance ought to be redressed, then my answer is yes.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.

International Control Of Biological Weapons, Scott Keefer

ILSA Journal of International & Comparative Law

Following the breakup of the Soviet Union and resulting decline in fear of nuclear war, attention has shifted to other threats that remained in the background during the superpower confrontation.

Protecting The Rule Of Law From Assault In The War Against Drugs And Narco-Terrorism, Bruce Zagaris

Nova Law Review

This paper discusses the rule of law under attack in the context of

international narcotics trafficking and narco-terrorism.

Apprehending And Prosecuting Nazi War Criminals In The United States, Jeffrey N. Mausner

Nova Law Review

When World War II ended, there were millions of refugees in Europe.

Many of them had been victims of the Nazis, survivors of Nazi

concentration camps, or persons who had been forced to leave their

homelands by the Nazis.

Why The Drug War Is Unstoppable, Thomas Szasz M.D.

Nova Law Review

The purpose of this symposium is to search for a breakthrough in drug policy, or, to put it more simply, to stop the War on Drugs.

Towards New Perspectives On Drug Control: A Negotiated Settlement To The War On Drugs, David A.J. Richards

Nova Law Review

The terms of American drug policy are conceived on the model of the current rhetoric of a war on drugs in which victory must be unconditional, namely, no drug use.

Introduction: In Search Of A Breakthrough In The War On Drugs, Steven Wisotsky

Nova Law Review

I have convened this symposium because my research has brought me to the conclusion that the War on Drugs is a serious mistake, inflicting on society the worst of both worlds: a rapidly rising tide of drug abuse exacerbated by the pernicious effects of a drug trafficking parasite of international dimensions.

Breaking The Impasse In The War On Drugs: A Search For New Directions, Norman E. Zinberg M.D.

Nova Law Review

Although virtually all illicit drugs in use today have been available for many decades-Havelock Ellis experimented with and then recounted his use of psychedelics in Godey's Ladies Book in 1898-most people date the Drug Revolution from 1962.

Milestones In The War On Drugs

Nova Law Review

No abstract provided.

Vice Policy In A Liberal Society: An Analysis Of The Impasse In The War On Drugs, Mark A.R. Kleiman

Nova Law Review

The liberal order rests on the assumption that individuals making their own choices about their own well-being will make better choices for themselves than the state could choose for them.

The War On Drugs: Predicting The Status Quo, John Kaplan

Nova Law Review

I regard the chances of a major breakthrough which will dramatically change the amount of drug use and abuse among the citizenry or the problems caused by it at the governmental level, as somewhat between small and non-existent.

Drug Testing As An Element Of The Everlasting Drug War, E. Clay Shaw Jr., Roger T. Fleming

Nova Law Review

Over the past decade, the federal government, through the legislative branch, the executive branch and the judicial branch, has attempted to thwart drug abuse and drug smuggling.

The War Powers Resolution Of. 1973: An Attempt To Regulate War Powers Proves Inadequate, Paul D. Novack

Nova Law Review

The executive and legislative branches of government have struggled

over control of the war powers since the adoption of the Constitution

in 1789.