Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (65)
- Fordham Law School (37)
- University of Denver (26)
- U.S. Naval War College (23)
- Maurer School of Law: Indiana University (21)
-
- Embry-Riddle Aeronautical University (20)
- University of Miami Law School (19)
- Case Western Reserve University School of Law (18)
- University of Georgia School of Law (16)
- Cornell University Law School (15)
- Duke Law (14)
- Pace University (14)
- Vanderbilt University Law School (14)
- Nova Southeastern University (13)
- University of San Diego (13)
- American University Washington College of Law (12)
- New York Law School (11)
- Villanova University Charles Widger School of Law (11)
- William & Mary Law School (11)
- The University of Akron (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- University of Maryland Francis King Carey School of Law (8)
- University of Richmond (8)
- Pepperdine University (7)
- Seattle University School of Law (7)
- Georgia State University College of Law (6)
- Loyola Marymount University and Loyola Law School (6)
- Saint Louis University School of Law (6)
- Washington and Lee University School of Law (6)
- Golden Gate University School of Law (5)
- Publication Year
- Publication
-
- Michigan Journal of International Law (34)
- Human Rights & Human Welfare (26)
- Fordham Law Review (25)
- International Law Studies (23)
- International Bulletin of Political Psychology (19)
-
- Michigan Law Review (19)
- Georgia Journal of International & Comparative Law (16)
- Case Western Reserve Journal of International Law (14)
- Indiana Law Journal (13)
- Pace Law Review (13)
- Vanderbilt Journal of Transnational Law (13)
- Cornell International Law Journal (12)
- ILSA Journal of International & Comparative Law (12)
- San Diego International Law Journal (12)
- NYLS Law Review (11)
- Villanova Law Review (11)
- Akron Law Review (8)
- Fordham Urban Law Journal (8)
- Law and Contemporary Problems (8)
- Seattle University Law Review (7)
- Touro Law Review (7)
- University of Miami International and Comparative Law Review (7)
- University of Richmond Law Review (7)
- Georgia State University Law Review (6)
- University of Miami National Security & Armed Conflict Law Review (6)
- University of Miami Law Review (5)
- Washington and Lee Law Review (5)
- William & Mary Law Review (5)
- Federal Communications Law Journal (4)
- Human Rights Brief (4)
Articles 31 - 60 of 553
Full-Text Articles in Law
The Definition Of Terrorism, Duncan Gaswaga
The Definition Of Terrorism, Duncan Gaswaga
The International Journal of Ethical Leadership
No abstract provided.
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
Thoughts, Crimes, And Thought Crimes, Gabriel S. Mendlow
Thoughts, Crimes, And Thought Crimes, Gabriel S. Mendlow
Michigan Law Review
Thought crimes are the stuff of dystopian fiction, not contemporary law. Or so we’re told. Yet our criminal legal system may in a sense punish thought regularly, even as our existing criminal theory lacks the resources to recognize this state of affairs for what it is—or to explain what might be wrong with it. The beginning of wisdom lies in the seeming rhetorical excesses of those who complain that certain terrorism and hate crime laws punish offenders for their malevolent intentions while purporting to punish them for their conduct. Behind this too-easily-written-off complaint is a half-buried precept of criminal jurisprudence, …
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy
St. Mary's Law Journal
Abstract forthcoming
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
International Law Studies
Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …
Political Extremism And Domestic Terrorism In America, Mark Potok
Political Extremism And Domestic Terrorism In America, Mark Potok
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Charging Crimes As "Terrorism", Jenna Mclaughlin
Charging Crimes As "Terrorism", Jenna Mclaughlin
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay
Arkansas Law Review
“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way we conduct our …
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Indiana Journal of Global Legal Studies
To elucidate the basic tenet of ONAIL, this paper is structured in the following way.5 The first section defines the nation and the state, as the misuse of these terms and related concepts has gravely obscured, distorted, and misrepresented the identity, role of law, geography, history, and reasons and causes behind conflicts and wars, regional struggles, refugee flows, genocide, human rights violations, and rapidlydegrading condition of natural environment and ecosystems. Terms such as the state, nation, and nation-state have been used interchangeably, despite the fact that their origins, geographies, histories, and relations to the role of law are quite distinct. …
United States Antiterror Law Is Missing The Mark: Changing The Material Support Statute To Hit The Target, Tessa Beryl Tilton
United States Antiterror Law Is Missing The Mark: Changing The Material Support Statute To Hit The Target, Tessa Beryl Tilton
William & Mary Law Review
No abstract provided.
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
Pepperdine Law Review
In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in supporting terrorism, …
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik
Vanderbilt Journal of Transnational Law
Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The commission of the interlinked crimes of human trafficking, sexual violence, and terrorism is relatively new, encompassing a vicious cycle in which each crime effectively flows from the commission of the others: sexual violence is facilitated by human trafficking, human trafficking is motivated, in part, by sexual violence, and both crimes spread terror among civilian populations. In light of the Prosecutor of the International Criminal Court …
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Michigan Law Review
U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other “domestic” threats. This …
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
Michigan Journal of International Law
This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …
Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev
Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev
ProAcademy
This article addresses the challenges of ensuring the protection of children involved in violent extremism and terrorism through the recruitment and exploitation of minors by extremist and terrorist groups. Based on the analysis conducted' the author proposes to continue the implementation of international standards for juvenile justice in Uzbekistan and to strengthen the role of international organizations in ensuring the protection of the rights and interests of children.
The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter
The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter
St. John's Law Review
(Excerpt)
This Note argues that Congress should add such crimes to the list specified in the federal crime of terrorism statute and amend the statute’s intent requirement. This will allow the Department of Justice to more adequately use its resources to address the growing prevalence of hate groups, increase investigatory capabilities, and emphasize the threat posed by such groups. Part I explores the current federal crime of terrorism and analyzes how various terrorism-related cases are adjudicated. Part II introduces the prevailing threat of political extremists operating within the United States and shows that they should no longer be placed in …
The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz
The Authoritarianization Of U.S. Counterterrorism, Sahar F. Aziz
Washington and Lee Law Review
No abstract provided.
How Safe Is Too Safe? Exemption 7(F) And The Withholding Of Critical Documents, Grant Snyder
How Safe Is Too Safe? Exemption 7(F) And The Withholding Of Critical Documents, Grant Snyder
Michigan Journal of Environmental & Administrative Law
The Freedom of Information Act (FOIA) is one of the main tools used by the American public to investigate the actions of its government. Congress created FOIA in an attempt to make most government documents available to the public. Today, the FOIA process favors government withholding. This bias comes from institutional issues in courts’ review of FOIA challenges.
In the environmental and administrative law context, federal agencies use many exemptions to withhold government records from citizen and non-profit groups. Agencies that are tasked with permitting and regulating energy pipelines and other environmentally-sensitive infrastructure now regularly cite Exemption 7(F). These agencies …
Volume 1, Issue 2 (2017) Inaugural Issue
Volume 1, Issue 2 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities
3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
78 – 96 John Fairfield, Beyond non-violence to courtship.
97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross
Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross
Georgia Journal of International & Comparative Law
No abstract provided.
The Virtues Of Abstention: Separation Of Powers In Al-Nashiri Ii, Nicholas A. Dimarco
The Virtues Of Abstention: Separation Of Powers In Al-Nashiri Ii, Nicholas A. Dimarco
St. John's Law Review
(Excerpt)
Part I examines various scholarly approaches to judicial deference, then considers deference in the context of military commissions. In Part II, the history of military commissions in the United States is examined, paying particular attention to the extended dialogue among the coordinate federal branches that created the system currently in operation. The decision in Al-Nashiri II not to adjudicate a collateral attack on one of these commissions is the focus of Part III. That Part embraces the underlying jurisdictional challenge at stake in Al-Nashiri II, the development of abstention doctrine generally and as applied to the current commissions, …
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
Chicago-Kent Law Review
The Kurds are the world’s largest ethnonational group without their own state. They have often been the target of ethnic strife and discrimination. Even within their semi-autonomous territory, Iraqi Kurds have faced humiliation and oppression. This essay argues that the Kurds in Iraq have been deprived of their property and dignity and hence have been subjected to “dignity takings.” This occurred in three distinct phases: the 1970s under “Ba’athification,” the 1980s under Saddam Hussein, and at present under the Islamic State (ISIS). During each phase, the Kurds have suffered involuntary property loss through forced relocations and the destruction of homes …
United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio
United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio
University of Miami International and Comparative Law Review
No abstract provided.
Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada
Hb 452 - Domestic Terrorism, John J. Crowley, Tatiana E. Posada
Georgia State University Law Review
The Act creates and defines the offense of domestic terrorism in Georgia. It establishes that a person must have the intent to intimidate the public or coerce the government while causing significant harm in order to be liable for domestic terrorism. The Act also provides for training law enforcement to identify and combat domestic terrorism, to share the information with the Georgia Information Sharing and Analysis Center, and for the Georgia Information Sharing and Analysis Center to share that information with the United States Department of Homeland Security.
Justice Against Sponsors Of Terrorism: Why Suing Terrorists May Not Be The Most Effective Way To Advance United States Foreign Policy Objectives, Drew Watkins
Kentucky Law Journal
No abstract provided.
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada
St. Thomas Law Review
The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Indiana Law Journal
I. THE BIRTH OF ISIL
II. CONGRESSIONAL AUTHORIZATION
A. EXPRESS AUTHORIZATION
1. METHODS OF INCLUSION
2. ISIL’S INCLUSION UNDER THE 9/11 AUMF
B. IMPLICIT AUTHORIZATION
III. ISIL AND THE TRUMP PRESIDENCY
CONCLUSION
Drifting Away From Terrorism: Downward Departure From The Terrorism Enhancement In Cases Of Mental Illness, Melissa Powers
Drifting Away From Terrorism: Downward Departure From The Terrorism Enhancement In Cases Of Mental Illness, Melissa Powers
Saint Louis University Law Journal
No abstract provided.
The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson
The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson
International Journal of Nuclear Security
Planning for the future of nuclear security is a vital and complex task, requiring cooperation and contribution from many disciplines and industries. This diversity of expertise should include the medical sector, which faces many of the same challenges as the nuclear industry: controlling access to dangerous material, creating a strong security culture, cooperating with the wider world and engaging the public.
Medical physicists, of which the author is one, oversee all aspects of small-scale radiation use. This paper discusses three key areas increasingly important to both medical and nuclear uses of radioactive materials: public engagement, prevention of nuclear and radiological …