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Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky
Journal of Criminal Law and Criminology
This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …
Two Narratives Of Torture, John Ip
Two Narratives Of Torture, John Ip
Northwestern Journal of Human Rights
This article is about the normalization of interrogational torture and coercion from 2001 to 2008. The discussion focuses on two different narratives or accounts of torture. Each narrative signifies a certain view about the legality and wisdom of employing torture and coercion in interrogation. The first narrative centers on the key device of the normalization process: the ticking bomb scenario. After the 9/11 terrorist attacks, legal academics have invoked the ticking bomb scenario in questioning the status of the absolute legal prohibition on torture. Versions of the ticking bomb scenario have also appeared in Bush administration documents and official statements …
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Introduction And Postscript: Partial Progress On Un Reform, Douglass Cassel
Northwestern Journal of Human Rights
No abstract provided.
Luncheon, William Luers, Sir David Hannay
Luncheon, William Luers, Sir David Hannay
Northwestern Journal of Human Rights
No abstract provided.
Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay
Commentary By Ambassadors To The United Nations, Henry Bienen, Feisal Istrabadi, Jan Wouters, Sir David Hannay
Northwestern Journal of Human Rights
No abstract provided.
The Collective International Responsibility To Protect: The Case Of Rwanda, John Shattuck
The Collective International Responsibility To Protect: The Case Of Rwanda, John Shattuck
Northwestern Journal of Human Rights
No abstract provided.
The Applicability Of The Regime Of Human Rights In Times Of Armed Conflict And Particularly To Occupied Territories: The Case Of Israel's Security Barrier, Barry A. Feinstein
The Applicability Of The Regime Of Human Rights In Times Of Armed Conflict And Particularly To Occupied Territories: The Case Of Israel's Security Barrier, Barry A. Feinstein
Northwestern Journal of Human Rights
No abstract provided.
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Flying The Unfriendly Skies: The Liaiblity Of Airlines Under The Warsaw Convention For Injuries Due To Terrorism, Roberta L. Wilensky
Northwestern Journal of International Law & Business
In view of such considerations, this Comment will first explore the history of the Warsaw Convention, then examine the expansion of airline liabililty in cases of terrorism and wilful misconduct. Finally, the Comment will explore alternative means of compensating victims of terrorism.