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Judge Pauley’S Opinion In Clapper: Reset Button For Bulk Collection Debate?, Peter Margulies

Law Faculty Scholarship

This article was originally found in Lawfare, available here: https://www.lawfareblog.com/judge-pauleys-opinion-clapper-reset-button-bulk-collection-debate

The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks

International Law Studies

No abstract provided.

Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy

International Law Studies

No abstract provided.

Llave, Brenda M. Reagan

University of New Orleans Theses and Dissertations

No abstract provided.

Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.

Exploring Police Active Shooter Preparedness In Michigan: A Grounded Study Of Police Preparedness To Active Shooter Incidents, Developing A Normative Model, Daryl Darwin Green

Dissertations

On September 22, 2013, at a memorial for people killed in a September 16, 2013 active shooter incident, President Barack Obama stated that the United States “can’t accept” the killing of 12 people at Washington’s Navy Yard as “inevitable” and that the shooting should “lead to some sort of transformation” (Merica, 2013). Active shooter incidents remain a constant societal concern that are deserving of continued academic research. The following grounded theory study examined the active shooter incident preparedness systems of police agencies in three Michigan counties. The principal investigator observed the strategic and tactical objectives of police agencies relative to …

The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain

Michigan Law Review

As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …

Political Motive And Bail: The Effect Of Prosecutorial Strategies On Pretrial Decisions In Federal Terrorism Trials, Michael John Clanton

Graduate Theses and Dissertations

The purpose of this study is to understand how prosecutorial strategies affect pretrial decisions in U.S. terrorism trials and how pretrial decisions in turn affect the disposition of those trials. This research builds off of the work of Smith and Damphousse (1996) which compared terrorism indictees to traditional federal offenders. They found that the use of explicit politicality as a prosecution strategy was a significant predictor of both disposition and the sentence length in terrorism trials. This study focuses on the question of whether the use of an explicitly political prosecution strategy impacts pretrial decisions in terrorism cases and whether …

Terror As A Social Movement Tactic: Applying The Multi-Institutional Politics Approach To The Case Of The Abu Sayyaf Group, Erika Mae Lorenzana Del Villar

Master's Theses

Solely equating terrorism with criminality discounts the social, political, cultural, and historical motivations that drive people to employ violence as a strategy for collective action. Using the multi-institutional politics approach to social movements (Armstrong and Bernstein 2008), this study explores the choice of the Abu Sayyaf Group (ASG) in the Philippines to employ terror and violence as the primary social movement tactic to pursue their Islamic separatist cause. Analysis of archival and open-source data, together with original interviews, reveal that the problem is multi-institutional – developmental, cultural, historical, social and political all at the same time. The choice of violence …

Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Sir Arnold K. Amet

Annual Survey of International & Comparative Law

Terrorist activities are not of recent origin on the international plane. They have been around since the beginning of humanity. Although international law may not be accused of addressing the issue of terrorism with levity, it was after the 9/11 terrorist attacks on the United States that the international community’s efforts toward fighting terrorism garnered more strength and attention.

The debatable critical question is whether terrorism under international law should be studied and treated as a specific subject in developing the legal norms and principles for its fight and regulation, or whether terrorism should be fought and regulated based on …

The First Circuit And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

On Clandestine Warfare, Robert E. Rodes

Robert Rodes

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.

The Choice Of Law Against Terrorism, Mary Ellen O'Connell

Mary Ellen O'Connell

The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell

Mary Ellen O'Connell

Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Mary Ellen O'Connell

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …

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

Mary Ellen O'Connell

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Douglass Cassel

No abstract provided.

Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel

Douglass Cassel

No abstract provided.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Douglass Cassel

No abstract provided.

Kenya And The Global War On Terror:Neglecting History And Geopolitics In Approaches To Counterterrorism, Samuel L. Aronson

African Journal of Criminology and Justice Studies

This article explores the relationship between Kenya and the Global War on Terror (GWOT) insofar as it relates to national politics, regional security, and the international community. The author first examines the historical context of Kenya’s relationship with terrorism on a domestic level, then offers a profile for past and future perpetrators, and lastly explains the reasons that Kenya is a common and attractive target to terrorists. Specifically analyzing criminological and root cause theories while taking into account inherent policy flaws, the author seeks to offer insight into the importance of Kenya’s anti-terrorism strategy in maintaining global security.

Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney

Michigan Law Review

By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …

The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn

Robert Bloom

In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …

Al-Libi And Detention At Sea, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Kimbrough, Mary Alice (Sexton), 1907-1991 (Mss 159), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 159. Family correspondence, greeting cards, handicrafts, and newspaper clippings of Mary Kimbrough, Bowling Green, Kentucky. Also items from various family members.

Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

From my perspective, the challenge for members of this Committee is to identify whether there are actual problems with either the law or process, and then craft remedies that address those specific issues. I am here to urge caution in implementing “quick fixes” that may sound appealing based on public or media-driven pressure, but that could have lasting consequences at a practical level that could negatively impact Intelligence Community operations and the nation’s security for years to come.