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Journal

2009

Terrorism

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Another New Illustrated History: The Visual Turns In The Memory Of West German Terrorism, Leith Passmore Oct 2009

Another New Illustrated History: The Visual Turns In The Memory Of West German Terrorism, Leith Passmore

EDGE - A Graduate Journal for German and Scandinavian Studies

Terrorism in general has long been recognized as a medial event. In the context of the West German terrorist group the Red Army Faction (RAF), there has been a broad recognition that the group was rather photogenic, with the visual component of 1970s terrorism in West Germany only receiving the scholarly attention it deserves in recent years. Despite the methodological shift in the humanities known as the ‘visual turn’ only now coming to the history of the RAF, its historiography has always turned on visual culture. This paper track these 'visual turns' in the debate surrounding the RAF and West …


The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell Oct 2009

The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell

San Diego International Law Journal

This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.


Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr. Sep 2009

Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.

Washington and Lee Law Review

No abstract provided.


Afghanistan And The Nature Of Conflict, Charles Garraway Aug 2009

Afghanistan And The Nature Of Conflict, Charles Garraway

International Law Studies

No abstract provided.


Peace Is Not The Absence Of Conflict, But The Presence Of Justice, Reid C. Pixler May 2009

Peace Is Not The Absence Of Conflict, But The Presence Of Justice, Reid C. Pixler

Northern Illinois University Law Review

An issue seldom, if ever, addressed regarding the conflict in Iraq is the role of the Iraqi criminal justice system in addressing acts of terrorism. The figures of "detainees" or "enemy combatants" held by the United States have been widely published, but little comment has been made regarding the challenges facing a small judicial system attempting to function in a war zone. Most of the judges assigned to the major crimes courts live in the same community where the court is located and have modest, if any, special security for their families. This short account details the conflict between the …


Combatants And The Combat Zone, Mary Ellen O'Connell Mar 2009

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.


Extraordinary Rendition: A Wrong Without A Right, Robert Johnson Mar 2009

Extraordinary Rendition: A Wrong Without A Right, Robert Johnson

University of Richmond Law Review

No abstract provided.


In Search Of Justice: Increasing The Risk Of Business With State Sponsors Of Terror, Gabriel C. Lajeunesse Jan 2009

In Search Of Justice: Increasing The Risk Of Business With State Sponsors Of Terror, Gabriel C. Lajeunesse

Michigan Law Review First Impressions

If the aims of tort law are deterrence, compensation, and provision of equitable distribution of risks, U.S. anti-terrorism laws have been margin-ally effective at best. Though Congress has passed legislation providing causes of action to U.S. victims of terrorism, compensation of victims is often difficult and terrorists are rarely deterred. Attempts to provide such recourse include the Antiterrorism Act of 1991 ("ATA"), the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and the Flatow Amendment to the Foreign Sovereign Immunities Act ("FSIA"). These attempts, however, are not enough.


War On Terror Or Terror Wars: The Problem In Defining Terrorism, Upendra D. Acharya Jan 2009

War On Terror Or Terror Wars: The Problem In Defining Terrorism, Upendra D. Acharya

Denver Journal of International Law & Policy

No abstract provided.


Art, Terrorism And The Negative Sublime, Arnold Berleant Jan 2009

Art, Terrorism And The Negative Sublime, Arnold Berleant

Contemporary Aesthetics (Journal Archive)

The range of the aesthetic has expanded to cover not only a wider range of objects and situations of daily life but also to encompass the negative. This includes terrorism, whose aesthetic impact is central to its use as a political tactic. The complex of positive and negative aesthetic values in terrorism are explored, introducing the concept of the sublime as a negative category to illuminate the analysis and the distinctive aesthetic of terrorism.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz Jan 2009

Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz

William Mitchell Law Review

No abstract provided.


Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust Jan 2009

Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust

William Mitchell Law Review

No abstract provided.


During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich Jan 2009

During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich

Seattle University Law Review

This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …


Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr Jan 2009

Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr

Vanderbilt Journal of Transnational Law

Treason is an ancient crime, but it fell into disuse in most Western democratic states after World War I. Now it is making a comeback with prosecutions or threatened prosecutions against a new type of enemy--accused terrorists--in the United States, the United Kingdom, and Israel. In the postwar period, commentators wrongly argued that treason would no longer be prosecuted because it is antiliberal, too difficult to prove, unnecessary because modern democracies are stable and secure, and premised on an extinct sense of loyalty to the state. This Article begins by debunking these claims and explaining treason's recent reappearance. First, democratic …


Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary Int'l Law From U.N. Resolutions, Joseph Isanga Jan 2009

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

Denver Journal of International Law & Policy

No abstract provided.


Hawala, Money Laundering, And Terrorism Finance: Mirco-Lending As An End To Illicit Remittance, Charles B. Bowers Jan 2009

Hawala, Money Laundering, And Terrorism Finance: Mirco-Lending As An End To Illicit Remittance, Charles B. Bowers

Denver Journal of International Law & Policy

No abstract provided.


Of Maternal State And Minimalist Judiciary: The Indian Supreme Court's Approach To Terror-Related Adjudication, Mrinal Satish, Aparna Chandra Jan 2009

Of Maternal State And Minimalist Judiciary: The Indian Supreme Court's Approach To Terror-Related Adjudication, Mrinal Satish, Aparna Chandra

National Law School of India Review

No abstract provided.


A Presumption Of Guilt: The Unlawful Enemy Combatant And The U.S. War On Terror, Leila Nadya Sadat Jan 2009

A Presumption Of Guilt: The Unlawful Enemy Combatant And The U.S. War On Terror, Leila Nadya Sadat

Denver Journal of International Law & Policy

No abstract provided.


Doomed To Be Violated - The U.S.-Israeli Clandestine End-User Agreement And The Second Lebanon War: Lessons For The Convention On Cluster Munitions, Eitan Barak Jan 2009

Doomed To Be Violated - The U.S.-Israeli Clandestine End-User Agreement And The Second Lebanon War: Lessons For The Convention On Cluster Munitions, Eitan Barak

Denver Journal of International Law & Policy

No abstract provided.


Two Narratives Of Torture, John Ip Jan 2009

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 …


Asia Pacific Perspectives Vol. 9 No. 1, December 2009, University Of San Francisco, John Nelson Jan 2009

Asia Pacific Perspectives Vol. 9 No. 1, December 2009, University Of San Francisco, John Nelson

Asia Pacific Perspectives

Contents:

Introduction by John Nelson


Grounding Terrorism on Ground Zero: How 9/11 Informs U.S. Press Coverage of Political Violence by Kevin Mack

This study analyzes the breaking news coverage of the United States press during the November 2008 Mumbai terrorist attacks. Previously, scholars such as Robert Entman and Elisabeth Anker found that U.S. media melodramatically framed the September 11, 2001 attacks and constructed a “War on Terror” ideology. Working from that theoretical perspective, the author posits this ideology influenced U.S. reporters and their style of reportage about the Mumbai attacks, as did breaking news characteristics and general patterns within journalism, …


Judicial Skepticism And The Threat Of Terrorism, Hon. Robert D. Sack Jan 2009

Judicial Skepticism And The Threat Of Terrorism, Hon. Robert D. Sack

Western New England Law Review

No abstract provided.


Magna Carta, The Interstices Of Procedure, And Guantanamo, Larry May Jan 2009

Magna Carta, The Interstices Of Procedure, And Guantanamo, Larry May

Case Western Reserve Journal of International Law

No abstract provided.


Aggression, Humanitarian Intervention, And Terrorism, Larry May Jan 2009

Aggression, Humanitarian Intervention, And Terrorism, Larry May

Case Western Reserve Journal of International Law

No abstract provided.


Guantanamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman Jan 2009

Guantanamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman

Case Western Reserve Journal of International Law

No abstract provided.