Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (23)
- American University Washington College of Law (8)
- Roger Williams University (4)
- University of Georgia School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
-
- University of Pittsburgh School of Law (3)
- University of Baltimore Law (2)
- University of Cincinnati College of Law (2)
- University of Florida Levin College of Law (2)
- University of Miami Law School (2)
- University of Richmond (2)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Liberty University (1)
- Montclair State University (1)
- New York Law School (1)
- Pace University (1)
- Penn State Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Georgetown Law Faculty Publications and Other Works (22)
- Articles in Law Reviews & Other Academic Journals (7)
- Scholarly Works (6)
- Articles (5)
- All Faculty Scholarship (3)
-
- Faculty Articles and Other Publications (2)
- Faculty Publications (2)
- Law Faculty Publications (2)
- Law Faculty Scholarship (2)
- UF Law Faculty Publications (2)
- Articles & Chapters (1)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- Journal Articles (1)
- Law Faculty Presentations and Testimony (1)
- Law School Blogs (1)
- Life of the Law School (1993- ) (1)
- Publications (1)
- Scholarly Articles (1)
- Senior Honors Theses (1)
- Testimony Before Congress (1)
- Working Papers (1)
Articles 61 - 68 of 68
Full-Text Articles in Law
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Faculty Articles and Other Publications
In 1952, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure of the nation's steel mills to support United States participation in the Korean conflict, but the Supreme Court held that Truman lacked any power to seize the property in Youngstown Sheet & Tube Co. v. Sawyer. In 2001, President George W. Bush promulgated an Executive Order that authorized trial by military commissions of non-U.S. citizens whom the American government suspects of terrorism in domestic cases and concomitantly denied these persons access to the federal courts. This article undertakes an analysis of the Bush Executive …
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Faculty Articles and Other Publications
In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.
The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
Georgetown Law Faculty Publications and Other Works
The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.
Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …
Ordered Liberty And The Homeland Security Mission, James E. Baker
Ordered Liberty And The Homeland Security Mission, James E. Baker
Georgetown Law Faculty Publications and Other Works
This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …
Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole
Testimony Before Congress
No abstract provided.
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Scholarly Works
We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.