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Full-Text Articles in Law
The World Of Private Terrorism Litigation, Maryam Jamshidi
The World Of Private Terrorism Litigation, Maryam Jamshidi
UF Law Faculty Publications
Since 9/11, private litigants have been important players in the “fight” against terrorism. Using several federal tort statutes, these plaintiffs have sued foreign states as well as other parties, like non-governmental charities, financial institutions, and social media companies, for terrorism- related activities. While these private suits are meant to address injuries suffered by plaintiffs or their loved ones, they often reinforce and reflect the U.S. government’s terrorism-related policies, including the racial and religious discrimination endemic to them. Indeed, much like the U.S. government’s criminal prosecutions for terrorism-related activities, private terrorism suits disproportionately implicate Muslim and/or Arab individuals and entities while …
The Climate Crisis Is A Human Security, Not A National Security, Issue, Maryam Jamshidi
The Climate Crisis Is A Human Security, Not A National Security, Issue, Maryam Jamshidi
UF Law Faculty Publications
Climate change is one of the first times, in recent memory, where public debate about treating an issue as a matter of “national security” has occurred. Many, including members of the grassroots climate change movement, have called for climate change to be treated as a national security issue. While there are a host of good reasons for treating the climate crisis as a security concern, there are equally good reasons to worry about applying the national security label to climate change, which have largely been absent from public debate. For the first time in the legal literature, this Article articulates …
A Statutory National Security President, Amy L. Stein
A Statutory National Security President, Amy L. Stein
UF Law Faculty Publications
Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on the proper degree of deference that courts should provide to the President interpreting statutory provisions, with little confidence in the utility and efficacy of statutory constraints.
This Article counters this narrative by arguing that a key to achieving this balance may lie in such constraints. Instead …