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Articles 31 - 44 of 44
Full-Text Articles in Law
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
San Diego International Law Journal
While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Federal Communications Law Journal
In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …
Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß
Michigan Journal of International Law
It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
ExpressO
A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
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.
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Scholarly Works
This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.
United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne
United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne
Michigan Journal of International Law
This Note concludes that while the court's rationale is disingenuous and misleading, the final decision was an appropriate reaffirmation of the importance which American jurisprudence places on international obligations. In Part One, this Note discusses whether the dispute resolution provisions of the Headquarters Agreement precluded the district court's jurisdiction over the parties and subject matter of this case. Part Two examines the constitutional hierarchy of the ATA and the Headquarters Agreement to determine which should govern this dispute. If the court had concluded that it lacked jurisdiction, the case would have been dismissed from the U.S. court system, leaving the …
A Democratic Response To Foreign Political Offenses: The Need For Legislation To Counter Anti-Terrorism Excesses, Daniel H. Derby
A Democratic Response To Foreign Political Offenses: The Need For Legislation To Counter Anti-Terrorism Excesses, Daniel H. Derby
Scholarly Works
No abstract provided.
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 …
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley
Scholarly Works
The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
Michigan Journal of International Law
The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …