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Articles 1 - 27 of 27
Full-Text Articles in Law
Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik
Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik
University of Miami Law Review
No abstract provided.
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Cornell International Law Journal
Growing out of the author's experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 2008, this article examines the concept of "Grotian Moment," a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article argues that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now known as …
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Golden Gate University Law Review
This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.
Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul
Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul
Golden Gate University Law Review
In October 2001, approximately one month after the September 11 terrorist attacks in the United States, Golden Gate University Law Professor Sompong Sucharitkul spoke to the students of Golden Gate University and others on the topic of jurisdiction, terrorism and the rule of international law. The following is an excerpt from the speech given by Golden Gate University Law Professor Sompong Sucharitkul.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Annual Survey of International & Comparative Law
The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …
Role Of Individuals Discrimination In Free Exercise Claims: Putting Iqbal In Its Place, The, Leila Mcneill
Role Of Individuals Discrimination In Free Exercise Claims: Putting Iqbal In Its Place, The, Leila Mcneill
Missouri Law Review
Ashcroft v. Iqbal has been widely discussed for three reasons: (1) its extension of Twombly's pleading standard to cases outside the realm of antitrust suits, (2) its application of the collateral order doctrine to a district court order denying an official's motion to dismiss on the basis of qualified immunity in a Bivens claim, and (3) its implication for national security and postSeptember 11th terrorist detainments and investigations. However, Iqbal also implicates the nature of what constitutes unconstitutional religious discrimination under the First Amendment's Free Exercise Clause. Therefore, the Iqbal Court's discussion of religious liberty will present problems of interpretation …
Spot Off: The Gao Takes On The Tsa’S Behavior Detection Program, Ibpp Editor
Spot Off: The Gao Takes On The Tsa’S Behavior Detection Program, Ibpp Editor
International Bulletin of Political Psychology
The United States Government Accountability Office (GAO) has recently Issued Efforts to Validate TSA’s Passenger Screening Behavior Detection Program Underway, but Opportunities Exist to Strengthen Validation and Address Operational Problems (May 2010, GAO-10-763). This IBPP article will describe and comment on the main GAO findings and additional data on which the findings are based. The article will end with some basic challenges to behavior detection as a useful security measure.
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
University of the District of Columbia Law Review
The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay. This paper focuses on the lack of application of prisoner …
Why Terrorism? Whose Terror?, Ibpp Editor
Why Terrorism? Whose Terror?, Ibpp Editor
International Bulletin of Political Psychology
The author considers terrorism as a competitor for the legally constituted authority and power of governments.
Should Citizens Be Democratically Represented In The 21st Century International System?, Andrew Strauss
Should Citizens Be Democratically Represented In The 21st Century International System?, Andrew Strauss
ILSA Journal of International & Comparative Law
Democracy is increasingly the sine quo non of legitimate governance at the local, provincial and national levels.
Foreword, Kenneth M. Karas
Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford
Pace Law Review
No abstract provided.
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power
Pace Law Review
No abstract provided.
The Founders, Executive Power, And Military Intervention, Christopher A. Preble
The Founders, Executive Power, And Military Intervention, Christopher A. Preble
Pace Law Review
No abstract provided.
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky
Pace Law Review
No abstract provided.
How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors
How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors
Pace Law Review
No abstract provided.
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill
Fordham Law Review
This Note explores the question of whether to address the environmental impacts of a potential terrorist attack on a nuclear power plant under the National Environmental Policy Act (NEPA). The Nuclear Regulatory Commission (NRC) and the U.S. Court of Appeals for the Third Circuit assert that the risk of terrorism is unquantifiable and too remote to warrant consideration under NEPA. In contrast, the U.S. Court of Appeals for the Ninth Circuit concludes that the risk is foreseeable enough that it cannot be disregarded as a matter of law and that a qualitative discussion of a range of potential impacts is …
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto
Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto
Pace Law Review
No abstract provided.
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs
Saving Lives Or Spreading Fear: The Terroristic Nature Of Eco-Extremism, Kevin R. Grubbs
Animal Law Review
Much debate has surfaced surrounding so-called “eco-terrorism.” Some commentators argue that such activity is not and should not be called terrorism. This Comment analyzes these extremist activities through the lens of federal terrorism laws and argues that, while these activists’ goals are laudable, their methods are often terroristic. Consequently, those activities that go too far are-and should be-classified as terrorism.
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott
Pace Law Review
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
Pace Law Review
No abstract provided.
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Constitutionality Of Torture In A Ticking-Bomb Scenario: History, Compelling Governmental Interests, And Supreme Court Precedents, Riddhi Dasgupta
Pace Law Review
No abstract provided.
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre
International Legality, The Use Of Military Force, And Burdens Of Persuasion: Self-Defense, The Initiation Of Hostilities, And The Impact Of The Choice Between Two Evils On The Perception Of International Legitimacy, Geoffrey Corn, Dennis Gyllensporre
Pace Law Review
No abstract provided.
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Pace Law Review
No abstract provided.