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Threats Against America: The Second Circuit As Arbiter Of National Security Law, David Raskin
Threats Against America: The Second Circuit As Arbiter Of National Security Law, David Raskin
Fordham Law Review
For nearly 100 years, the U.S. Court of Appeals for the Second Circuit has been a leading force in defining and resolving the uniquely thorny issues that arise at the intersection of individual liberty and national security. The court’s decisions in this arena are characterized by its willingness to tackle difficult questions and its skill in balancing the needs of the government with the rights of the accused to ensure fundamental fairness in the ages of espionage and terror.
Bank Liability Under The Antiterrorism Act: The Mental State Requirement Under § 2333(A), Olivia G. Chalos
Bank Liability Under The Antiterrorism Act: The Mental State Requirement Under § 2333(A), Olivia G. Chalos
Fordham Law Review
This Note specifically addresses the jurisdictional split on the mental state requirement necessary to hold a defendant liable under the ATA. This Note explores the current judicial interpretations of the statute and concludes that, as the statute stands, the Second Circuit best interprets the mental state requirement for § 2333(a) claims predicated on a violation of material support laws. This Note proposes, however, that Congress should amend the ATA to clarify the state-of-mind requirement and should only allow for a cause of action where a bank manifests heightened culpability through intentional wrongdoing in the provision of financial services to foreign …