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Articles 1 - 19 of 19
Full-Text Articles in Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Newsroom: Interrogation Expert Warns Against Use Of Torture 2-2-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Penn State Journal of Law & International Affairs
No abstract provided.
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 …
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
Law School Blogs
No abstract provided.
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Justice At War: Military Tribunals And Article Iii, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala
Touro Law Review
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Georgetown Law Faculty Publications and Other Works
The Dreyfus affair reminds us that the rule of law and basic human rights are not self-executing. In a democracy, individual rights and the rule of law are designed to check popular power and protect the individual from the majority. Yet paradoxically, they cannot do so without substantial popular support. Alfred Dreyfus received two trials—or at least the trappings thereof—and was twice wrongly convicted. The rule of law was initially unable to stand between an innocent man and the powerful men who sought to frame him. But the issue of Dreyfus's guilt or innocence was not …
Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt
Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt
American University Law Review
No abstract provided.
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Congress Has The Power To Enforce The Bill Of Rights Against The Federal Government: Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn
Akron Law Faculty Publications
The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government.
Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …
Congress Has The Power To Enforce The Bill Of Rights Against The Federal Government: Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn
Wilson R. Huhn
The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government.
Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott
University of Richmond Law Review
No abstract provided.
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
University of Richmond Law Review
No abstract provided.
Their Liberties, Our Security: Democracy And Double Standards, David Cole
Their Liberties, Our Security: Democracy And Double Standards, David Cole
Georgetown Law Faculty Publications and Other Works
Some maintain that a "double standard" for citizens and noncitizens is perfectly justified. The attacks of September 11 were perpetrated by nineteen Arab noncitizens, and we have reason to believe that other Arab noncitizens are associated with the attackers and will seek to attack again. Citizens, it is said, are presumptively loyal; noncitizens are not. Thus, it is not irrational to focus on Arab noncitizens. Moreover, on a normative level, if citizens and noncitizens were treated identically, citizenship itself might be rendered meaningless. The very essence of war involves the drawing of lines in the sand between citizens of our …
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 …
Damage Control? A Comment On Professor Neuman’S Reading Of Reno V. Aadc, David Cole
Damage Control? A Comment On Professor Neuman’S Reading Of Reno V. Aadc, David Cole
Georgetown Law Faculty Publications and Other Works
This comment responds to an article by Professor Gerald Neuman on the Supreme Court's recent decision in Reno v. American-Arab Anti-Discrimination Committee (AADC). The Court in AADC rejected a selective prosecution claim by immigrants targeted for deportation based on First Amendment-protected activities, finding that Congress had stripped the federal courts of jurisdiction over such claims, and that in any event the Constitution does not recognize a selective prosecution objection to a deportation proceeding. Professor Neuman argues that the decision should not be read as implying that aliens have less First Amendment protection than citizens, and that the decision can …
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.