Law Commons^™

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Punish Or Surveil, Diane Marie Amann

Scholarly Works

This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Reports

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

What Is Distinctive About Terrorism And Anti-Terrorism Law?, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Criminal offending and terrorist offending are similar in quality – the acts which constitute such offending are similar, and should be subject to similar levels of protection of civil and political rights. This is how a democracy should respond to domestic terror threats. To the extent that we are particularly concerned about the motivation of terrorists in challenging the very maintenance of public order by a state, we should reflect that concern in the penalties we impose on such proven offending, not in giving in to the temptation of lower burdens of proof of the existence of the offending or …

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle

Seattle University Law Review

In Part I, this Comment details the designation process of FTOs and examines the wide array of purposes and activities in which FTOs engage. Part III chronicles how § 2339B has evolved through amendments and judicial interpretation. Part IV establishes that Scales controls the personal guilt analysis and identifies due process concerns implicated by Scales that have been overlooked by the courts. Finally, Part V argues a recklessness standard is the most appropriate fix to § 2339B and proposes a model amendment to that end.

The Ethics Of Torture, Rebecca Evans

Human Rights & Human Welfare

A review of:

Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp.

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”