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The Root Of All Evil: Expanding Criminal Liability For Providing Material Support To Terror, James J. Ward

Notre Dame Law Review

No abstract provided.

United States-Iranian Relations: The Terrorism Challenge, Gawdat Bahgat

The US Army War College Quarterly: Parameters

No abstract provided.

Think Again: The Geneva Conventions, Steven R. Ratner

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on the author’s article of the same name in the “Think Again” section of the March/April 2008 issue of Foreign Policy (pages 26-32). It is reproduced here with permission from FOREIGN POLICY, www.ForeignPolicy.com, #165 (March/April 2008). Copyright 2008 by the Carnegie Endowment for International Peace. The “Think Again” section of Foreign Policy seeks to educate readers by presenting and responding to common myths and conventional wisdom on important matters of international relations.

“The Geneva Conventions are obsolete”. Only in the minor details. The laws of armed conflict are old; they date back millennia to warrior …

Citizenship, Public And Private, Karen Knop

Law and Contemporary Problems

Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …

Transcript: Left Out In The Cold? The Chilling Of Speech, Association, And The Press In Post-9/11 America , American University Law Review

American University Law Review

No abstract provided.

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 …

Landmines/Explosive Remnants Of War And The War On Terrorism In The Middle East And North Africa (Mena), Ayman Sorour

The Journal of Conventional Weapons Destruction

This article looks at the relationship between the existing landmine and explosive remnants of war problem in the Middle East and North Africa, and terrorist activities in the area by explaining the scope of the mine/ERW problem in the region; the huge availability of explosives for use in illegal activities, particularly terrorism; and the case of Algeria and Egypt being affected by recent terrorist acts.

Assessing The Constitutionality Of The Alien Terrorist Removal Court, John Dorsett Niles

Duke Law Journal

In 1996, Congress created the Alien Terrorist Removal Court (ATRC). A court of deportation, the ATRC provides the U.S. attorney general a forum to remove expeditiously any resident alien who the attorney general has probable cause to believe is a terrorist. In theory, resident aliens receive different-and arguably far weaker-procedural protections before the ATRC than they would receive before an administrative immigration panel. In theory, the limited nature of the ATRC protections might implicate resident aliens' Fifth Amendment rights. In practice, however, the ATRC has never been used. Perhaps to avoid an adverse constitutional ruling, the attorney general has never …

Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt

Michigan Law Review

What is most remarkable about Richard Posner's latest book-and he has written many-is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton's impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the …

Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk

University of Miami International and Comparative Law Review

While piracy is an age-old phenomenon plaguing mankind, terrorism at sea has only manifested itself in recent times through the Achille Lauro hijacking in 1985 serving as a wake-up call. The international community has since been striving to adopt a series of legal as well as practical measures in order to prevent a recurrence of such a terrorist act because the rules of international law relating to piracy are not applicable mutatis mutandis to terrorism. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation was adopted in 1988. This Convention addressed terrorism at sea for …

Aesthetic Appreciation, Ethics, And 9/11, Emmanouil Aretoulakis

Contemporary Aesthetics (Journal Archive)

There have been numerous critical articles on what really happened on the otherwise beautiful morning of 11 September 2001. Beyond doubt, the bulk of the critical responses to the terrorist attacks focused on the ethical and humanitarian, or rather the unethical and inhumane implications of the atrocious act, leaving no room for any philosophical reflection on the potential assessment or reception of the event from the perspective of art and aesthetics. The few years that have gone by since 2001 have provided us with some a sense of emotional detachment from the horror of that day, a detachment that may …

Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy

William Mitchell Law Review

No abstract provided.

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Maryland Law Review

No abstract provided.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

Terror Victims At The Museum Gates: Testing The Commercial Activity Exception Under The Foreign Sovereign Immunities Act, Alicia M. Hilton

Villanova Law Review

No abstract provided.

How To Justify An Emergency Regime And Preserve Civil Liberties In Times Of Terrorism, Emmanuel Gross

South Carolina Journal of International Law and Business

No abstract provided.

Sacred Violence: Religion And Terrorism, Jessie Hill, Adam F. Kimney

Case Western Reserve Journal of International Law

No abstract provided.

Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin

Fordham Law Review

No abstract provided.

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.

"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt

Michigan Journal of International Law

This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?

Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry

Michigan Journal of International Law

This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.