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Articles 1 - 25 of 25
Full-Text Articles in Entire DC Network
The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan
The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan
Indiana Law Journal
In this Article, I take up one slice of what should be a broad re-examination of
U.S. law and policy. I argue that the new attacks have been undertaken by entities
that can and should be designated as foreign terrorist organizations. Doing this would
permit prosecutors to target those who support these entities with tools that are not
currently available. This Article is both a doctrinal argument that directly addresses
the many legal hurdles that make designating groups, such as foreign hackers and
troll farms, terrorist organizations a complicated endeavor, and a policy argument
about how U.S. law and policy …
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin
Articles by Maurer Faculty
תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Indiana Journal of Global Legal Studies
To elucidate the basic tenet of ONAIL, this paper is structured in the following way.5 The first section defines the nation and the state, as the misuse of these terms and related concepts has gravely obscured, distorted, and misrepresented the identity, role of law, geography, history, and reasons and causes behind conflicts and wars, regional struggles, refugee flows, genocide, human rights violations, and rapidlydegrading condition of natural environment and ecosystems. Terms such as the state, nation, and nation-state have been used interchangeably, despite the fact that their origins, geographies, histories, and relations to the role of law are quite distinct. …
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Indiana Law Journal
I. THE BIRTH OF ISIL
II. CONGRESSIONAL AUTHORIZATION
A. EXPRESS AUTHORIZATION
1. METHODS OF INCLUSION
2. ISIL’S INCLUSION UNDER THE 9/11 AUMF
B. IMPLICIT AUTHORIZATION
III. ISIL AND THE TRUMP PRESIDENCY
CONCLUSION
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
The Lawyers' War: Counterterrorism From Bush To Obama To Trump, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
The Terrorist Is A Star!: Regulating Media Coverage Of Publicity-Seeking Crimes, Michelle Ward Ghetti
The Terrorist Is A Star!: Regulating Media Coverage Of Publicity-Seeking Crimes, Michelle Ward Ghetti
Federal Communications Law Journal
Publicity-seeking crimes, including terrorism, almost by definition depend on the media for their effectiveness. Twenty-five years ago, when the bulk of this article was written, critics both within and outside the news industry had begun to voice an awareness, if not a concern, for the ease with which such criminals obtained publicity on both a national and international platform and it looked as if something might be done within the media establishments to thwart this manipulation of the press. Today, it is possible to look back and see that, in fact, nothing has been done and, so, individuals such as …
Conflict, Terrorism And The Media In Asia, Rebekah L. Bina
Conflict, Terrorism And The Media In Asia, Rebekah L. Bina
Federal Communications Law Journal
Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].
The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.
Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte
Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte
Indiana Law Journal
No abstract provided.
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
The Statutory Commander In Chief, Neil Kinkopf
The Statutory Commander In Chief, Neil Kinkopf
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Fighting Terrorism, Lee Hamilton
Fighting Terrorism, Lee Hamilton
Indiana Journal of Global Legal Studies
Speech Given at the Annual Banquet of the Indiana Journal of Global Legal Studies, April 7, 2005, in Bloomington, Indiana
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Federal Communications Law Journal
In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby
Indiana Journal of Global Legal Studies
The Institute for Advanced Study Branigin Lecture
Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors
Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors
Federal Communications Law Journal
This Note argues that although privacy and economic concerns have ruled the encryption debate during the past decade, the move toward increased privacy on the Internet and relaxed encryption regulation, designed to promote electronic commerce, comes at the expense of national security and the protection of Americans' safety. The Article begins with historical information about encryption and an examination of how businesses use encryption to secure their communications and financial transactions on the Internet. This Section also observes that this technology is employed by terrorist organizations to accomplish the same goal: to send private communications. The Author next details the …
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
Articles by Maurer Faculty
No abstract provided.
The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Indiana Law Journal
No abstract provided.
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Indiana Law Journal
No abstract provided.
Terrorism And The Media: Legal Responses (Introduction), Patrick Baude
Terrorism And The Media: Legal Responses (Introduction), Patrick Baude
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry
Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium
Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig
Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig
Indiana Law Journal
Terrorism and the Media: Legal Responses, Symposium