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Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan
Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan
James M. Donovan
"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.
This Essay does …
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …
Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan
Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan
Law Faculty Scholarly Articles
"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.
This Essay does …
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Faculty Scholarship
A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Voyeur War? The First Amendment, Privacy & Images From The War On Terrorism, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Law In A Time Of Emergency, Kim Lane Scheppele
Law In A Time Of Emergency, Kim Lane Scheppele
All Faculty Scholarship
This article examines the domestic and foreign policy responses of the Bush administration to the events of 9/11 and contrasts them with the primary responses of America’s democratic allies in Europe. Both sets of responses are understood through the lens of Carl Schmitt’s writing on the nature of the state of exception, which in many ways provides a blueprint for contemporary American conceptions of emergency powers while providing a notorious and unsuccessful attempt to justify emergency powers to contemporary Europeans. I argue that the divergence in the standard understandings of two formative historical events help explain European and American differences …
Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele
Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele
All Faculty Scholarship
After September 11, many countries changed their laws to make it easier to fight terrorism. They did so in part because the United Nations Security Council passed Resolution 1373 under its Chapter VII powers. The resolution required all Members of the United Nations to criminalize terrorism, to prevent their territory from being used to plan or promote terrorism, to crack down on terrorism financing, to tighten up immigration and asylum procedures and to share information about terrorists and terrorist threats with other states. This article examines what happened to the Security Council mandate when it got to Europe by first …
Anthrax Hoaxes, Ira Robbins
Anthrax Hoaxes, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …
Anthrax Hoaxes, Ira P. Robbins
Anthrax Hoaxes, Ira P. Robbins
Ira P. Robbins
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
University of the District of Columbia Law Review
The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
Justice In The Time Of Terror, Sharon L. Davies
Justice In The Time Of Terror, Sharon L. Davies
Michigan Law Review
On my drive into work recently I found myself behind a Ford pickup truck and noticed its bumper sticker: "When the going gets tough, I get a machine gun." Not a doctor. Not a counselor or mediator. Not a shelter for cover. Not the wisdom of a favored advisor or a proven friend. But a machine gun. How odd, I thought, to prefer a weapon incapable of identifying with any precision, any careful thought, where the enemy of the wielder of it might actually be hidden. A weapon as apt to injure non-targets as targets. A weapon mindless of its …
Known Unknowns: The Delusion Of Terrorism Insurance, Michelle Boardman
Known Unknowns: The Delusion Of Terrorism Insurance, Michelle Boardman
ExpressO
No abstract provided.
The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer
The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer
William & Mary Bill of Rights Journal
No abstract provided.
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
ExpressO
A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.
Could A Cia Or Fbi Agent Be Quartered In Your House During A War On Terrorism, Iraq Or North Korea?, Christopher J. Schmidt
Could A Cia Or Fbi Agent Be Quartered In Your House During A War On Terrorism, Iraq Or North Korea?, Christopher J. Schmidt
Saint Louis University Law Journal
No abstract provided.
Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda
Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm
William & Mary Law Review
Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and …
Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett
Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett
ExpressO
An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.
It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.
The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.
The United Nations Security Council's Quest For Effectiveness, Emilio J. Cárdenas
The United Nations Security Council's Quest For Effectiveness, Emilio J. Cárdenas
Michigan Journal of International Law
The terrorist attacks of September 11, 2001, on New York's World Trade Center Towers and Washington's Pentagon, instantly refocused the United Nations' attention on the issue of international terrorism. The Security Council (Council) responded immediately: first, on September 12, 2001, with an unequivocal condemnation of the attacks, contained in Resolution 1368 (2001), and second, on September 28, 2001, with the enactment of Resolution 1373 (2001), which, under Chapter VII of the Charter, mandated that all Member States take specific actions to combat international terrorism. Terrorism was rightly understood to be "a threat to international peace and security."
Inciting Terrorism On The Internet: An Application Of Brandenburg To Terrorist Websites, Thomas E. Crocco
Inciting Terrorism On The Internet: An Application Of Brandenburg To Terrorist Websites, Thomas E. Crocco
Saint Louis University Public Law Review
No abstract provided.
Terrorism: An Algerian Perspective, Idriss Jazairy
Terrorism: An Algerian Perspective, Idriss Jazairy
Richmond Journal of Global Law & Business
No abstract provided.
Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman
Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman
Human Rights & Human Welfare
A review of:
International Human Rights and Authoritarian Rule in Chile by Darren Hawkins. Lincoln and London: University of Nebraska Press, 2002. 259 pp.
and
The Pinochet File: A Declassified Dossier of Atrocity and Accountability by Peter Kornbluh. New York and London: The New Press, 2003. 551 pp.
and
The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents by John Dinges. New York: The New Press, 2004. 322 pp.
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.
The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi
The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi
Fordham Law Review
No abstract provided.
Punishment And The War On Terrorism, Carl W. Tobias
Punishment And The War On Terrorism, Carl W. Tobias
Law Faculty Publications
Certain features of the war on terrorism impose novel and controversial punishment schemes. For example, President George W. Bush has unilaterally invoked executive authority to detain thousands suspected of terrorism over protracted times and to create military tribunals. The government has imprisoned two American citizens, denying them access to counsel for more than a year, and it has incarcerated 650 individuals without process at Guantanamo Bay. Bush administration officials recently announced that they would try some Guantanamo detainees in military commissions; however, these bodies will accord fewer protections than the civilian system or even courts-martial under the Uniform Code of …
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
The Death Penalty--An Obstacle To The "War Against Terrorism"?, Thomas M. Mcdonnell
Vanderbilt Journal of Transnational Law
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
NYLS Law Review
No abstract provided.
Anthrax Hoaxes, Ira P. Robbins