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Articles 1 - 30 of 76
Full-Text Articles in Law
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy
Brigham Young University International Law & Management Review
No abstract provided.
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
University of Michigan Journal of Law Reform
The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …
Congress Has The Power To Enforce The Bill Of Rigths Against The Federal Government; Therefore Fisa Is Constitutional And The President's Terrorist Surveillance Program Is Illegal, Wilson R. Huhn
William & Mary Bill of Rights Journal
The principal point of this Article is that Congress has plenary authority to enforce the Bill of Rights against the federal government. Although this precept is a fundamental one, neither the Supreme Court nor legal scholars have articulated this point in clear, simple, and direct terms. The Supreme Court does not have a monopoly on the Bill of Rights. Congress, too, has constitutional authority to interpret our rights and to enforce or enlarge them as against the actions of the federal government. Congress exercised its power to protect the constitutional rights of American citizens when it enacted the Foreign Intelligence …
Asset Freezing Of Islamic Charities Under The International Economic Emergency Powers Act: A Fourth Amendment Analysis, David Klass
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
National Security, The Law, The Meda: Shaping Public Perceptions, Linda Robinson
National Security, The Law, The Meda: Shaping Public Perceptions, Linda Robinson
International Law Studies
No abstract provided.
Domestic Security And Maintenance Of Liberty: Striking The Balance, Paul Mchale
Domestic Security And Maintenance Of Liberty: Striking The Balance, Paul Mchale
International Law Studies
No abstract provided.
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Faculty Scholarship
This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
Federal Communications Law Journal
This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Risky Business: Corruption, Fraud, Terrorism, & Other Threats To Global Business, Stuart Poole-Robb, Alan Bailey
Brigham Young University International Law & Management Review
No abstract provided.
Passover And Jonathan Pollard, Kenneth Lasson
Passover And Jonathan Pollard, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Dying Like Men, Falling Like Princes: Reflections On The War On Terror, Edward Rial Armstrong
Dying Like Men, Falling Like Princes: Reflections On The War On Terror, Edward Rial Armstrong
University of Arkansas at Little Rock Law Review
The attacks of September 11, 2001 brought home the point that even a mighty nation like ours is vulnerable to injury, and that even a goliath can sometimes be dealt a serious blow by a much smaller opponent. Faced with a world in which individuals can wield incredible destructive power and in which economic weakness can cause an empire to collapse despite its military might, what types of policies and laws should we adopt to confront these realities? In particular, what types of laws and policies should we adopt to deal with the threat of terrorism? This article proceeds on …
"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies
"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies
Michigan Law Review
In Terror in the Balance: Security, Liberty, and the Courts, University of Chicago law professors Eric A. Posner and Adrian Vermeule invite those of us worried about the American response to al-Qaeda to consider the proper role of judges. Judges, of course, are not being dispatched to the hills of Pakistan nor are they securing our borders or buildings. But as the executive seeks to implement a range of new policies in the name of protecting us from al-Qaeda, the judicial treatment of these policies shapes the American response. Posner and Vermeule suggest a kind of Hippocratic view of …
Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan
Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan
Federal Communications Law Journal
The technological progress of the past thirty years has vastly increased the surveillance capabilities of the global intelligence community. At the same time, the law governing the use of this technology and its consequent information has remained largely static. This lack of adjustment, for better or worse, has rendered federal foreign intelligence surveillance law irrelevant in many respects.
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins
Brigham Young University Journal of Public Law
No abstract provided.
Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue
Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
British tradition and the American Constitution guarantee trial by jury for serious crime. But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways. First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence. Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, …
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Ten Questions: Responses Of John Cary Sims, John Cary Sims
Ten Questions: Responses Of John Cary Sims, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins
Michigan Telecommunications & Technology Law Review
The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …
The Unresolved Equation Of Espionage And International Law, A. John Radsan
The Unresolved Equation Of Espionage And International Law, A. John Radsan
Michigan Journal of International Law
This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …
Keynote Address, Jeffrey H. Smith
Keynote Address, Jeffrey H. Smith
Michigan Journal of International Law
This afternoon, I want to touch briefly on a number of issues rather than discuss one or two to death. I chose this approach because it seemed an appropriate way to open a conference. I also chose it because I hope I can convince you that intelligence and international law interact in a way that simultaneously strengthens the law and improves intelligence; that law matters, especially in time of war; and that both good intelligence and good law have one common core value: integrity. So that you will have a sense of the perspective that I bring to this, I …
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
All Faculty Scholarship
The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
Reports
This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Law Faculty Publications
No abstract provided.
Intrastate Preemption, Paul Diller
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo
Bernard Trujillo
No abstract provided.
Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.
Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of Lisa Graves, Lisa Graves
Ten Questions: Responses Of Lisa Graves, Lisa Graves
William Mitchell Law Review
No abstract provided.
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
Ten Questions: Responses Of Robert F. Turner, Robert F. Turner
William Mitchell Law Review
No abstract provided.
Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty
Is The Geneva Pow Convention "Quaint"?, R. J. Delahunty
William Mitchell Law Review
No abstract provided.