Digital Commons Network^™

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Spitting Bullets: Anger’S Long-Ignored Role In Reactions To Terror: An Examination Of College Students’ Fear And Anger Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

This study seeks to capture the responses of regular Americans to explore if the role of anger in responses to terror attacks, with the goal of answering two related questions: 1) Is anger an essential emotion in public reactions to terror attacks? and 2) What are the ramifications of including anger in a model of public reactions to terrorism? This paper argues that many of the negative aspects of responses to terrorism come from the anger that terrorism invokes in victim populations. Anger elicits the desire for revenge in the victim population as well as distrust of the terrorists' co-ethnics. …

The First Amendment Protects Military Funeral Protests, Timothy Zick

Timothy Zick

Military funeral protests are offensive, but protected free speech.

The Potential Use Of Courtroom Technology In Major Terrorism Cases, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.

Countering Violent Extremism In Trinidad And Tobago: An Evaluation, Daniel P. Aldrich, Raghunath Mahabir

Daniel P Aldrich

Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua

Makau Mutua

This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a …

Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …

Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin

Gabriel Rubin

No abstract provided.

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Gabriel Rubin

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …

Fear Or Rage?: Assessing Public Opinion And Policy Responses To Terrorist Attacks, Gabriel Rubin

Gabriel Rubin

Mass fear has been posited as the main emotional outcome of terror attacks. Indeed, the term “terrorism” itself emphasizes that such attacks are meant to stoke fear. Yet, a critical piece of the post-terror attack dynamic has been largely ignored: the public rage that comes in response to terror attacks. Witness the call for politicians to step down after the November 2008 attacks in Mumbai or the placard reading “Nuke ‘Em Till They Glow” at the 2001 World Series. It is the contention of this paper that, after a major terror attack has occurred, the public is more angry than …

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra A. Choudhury

Cyra A. Choudhury

The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah L. Minnick

Sarah Minnick

Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga

Joseph Isanga

This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, …

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …

Congressional Hearings: Immigration Frames In Expert Testimonies, Joshua Woods, C. Damien Arthur Phd

C. Damien Arthur

This book offers a broad interdisciplinary approach to the changes in the U.S. immigration debate before and after 9/11. A nation’s reaction to foreigners has as much to do with sociology as it does with political science, economics and psychology. Without drawing on this knowledge, our understanding of the immigration debate remains mundane, partial, and imperfect. Therefore, our story accounts for multiple factors, including culture and politics, power, organizations, social psychological processes, and political change. Examining this relationship in the contemporary context requires a lengthy voyage across academic disciplines, a synthesis of seemingly contradictory assumptions, and a grasp of research …

Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler

Amanda L Tyler

The habeas corpus provision in the United States Constitution, known as the Suspension Clause, has long confounded courts and scholars as to its intended purpose. The wording of the Clause seems to promise the availability of "[t]he Privilege of the Writ of Habeas Corpus" - or, at least preclude the United States Congress from undermining that privilege where it is otherwise available unless Congress takes the dramatic step of enacting suspension legislation. The very same Clause, recognizing the extraordinary nature of suspension, precludes the legislature from adopting such a state of affairs except in the face of rare and dire …

Review: "The Protest Years: The Official History Of Asio, 1963-1975/The Secret Cold War: The Official History Of Asio, 1975-1989", Rowan Cahill

Rowan Cahill

The Al-Qaeda Organization And The Islamic State Organization: History, Doctrine, Modus, Operandi, And U.S Policy To Degrade And Defeat Terrorism Conducted In The Name Of Sunni Islam, Paul Kamolnick

Paul Kamolnick

The al-Qaeda Organization (AQO) and the Islamic State Organization (ISO) are transnational adversaries that conduct terrorism in the name of Sunni Islam. It is declared U.S. Government (USG) policy to degrade, defeat, and destroy them. The present book has been written to assist policymakers, military planners, strategists, and professional military educators whose mission demands a deep understanding of strategically-relevant differences between these two transnational terrorist entities. In it, one shall find a careful comparative analysis across three key strategically relevant dimensions: essential doctrine, beliefs, and worldview; strategic concept, including terrorist modus operandi; and specific implications and recommendations for current USG …

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Nicholas Kittrie

No abstract provided.

Utilizing Secondary Sanctions To Curtail The Financing Of The Islamic State, Jimmy Gurule

Jimmy Gurule

This article will discuss existing legislation used to curtail the financing of the Islamic State, the value of imposing secondary sanctions against the terrorist group, and concerns regarding the extraterritorial applications of US sanctions.

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin

John Brown's Constitution, Robert L. Tsai

Robert L Tsai

It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …

Is Immigration Law National Security Law?, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

The debate around how to keep America safe and welcome newcomers is prominent. In the last year, cities and countries around the world, including Baghdad, Dhaka, Istanbul, Paris, Beirut, Mali and inside the United States - have been vulnerable to terrorist attacks and human tragedy. Meanwhile, the world faces the largest refugee crises since the Second World War. This article is based on remarks delivered at Emory Law Journal’s annual Thrower Symposium on February 11, 2016. It explores how national security concerns have shaped recent immigration policy in the Executive Branch, Congress and the states and the moral, legal and …

First Rule Of Fighting Terrorists: Don't Do Their Job For Them, Daniel Baldino

Daniel Baldino

No abstract provided.

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

Thomas Carbonneau

This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Thomas Carbonneau

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Tawia B. Ansah

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

The Play(Fulness) Of Law, Nicole Rogers

Dr Nicole Rogers

In this thesis, I undertake an investigation into the relationship between play, playfulness and law. Law relies on a certain form of play, rule-bound orderly play; this is demonstrated, for example, in the ceremony of the trial. Furthermore, underpinning every legal system, we find a different form of play: the spontaneous and disruptive performances of revolutionary violence which found every state.

Play can be, in fact, an unpredictable force. Play can disrupt or derail the structured performances of law; play can deflect the violence of the state. I am interested in the dramatic possibilities of using subversive play, or playfulness, …