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Terrorism

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Principles Of Counter-Terrorism Law, Jimmy Gurule, Geoffrey Corn. Apr 2015

Principles Of Counter-Terrorism Law, Jimmy Gurule, Geoffrey Corn.

Jimmy Gurule

The book examines the Military Response, analyzing legal issues related to treating terrorism as an armed conflict. These include the legal authority to use military force; determining when the law of armed conflict comes into force; the law of targeting and how this authority is applied to terrorist operatives; preventive detention; and prosecution of terrorists by military commission. The book also analyzes the Law Enforcement Response to international terrorism, including the legal framework for gathering counter-terrorism intelligence information, prosecuting terrorists and their sponsors, and freezing terrorist assets, domestically and internationally. Finally, the book examines the federal statutes authorizing civil liability …


Unfunding Terror: The Legal Response To The Financing Of Global Terrorism, Jimmy Gurule Apr 2015

Unfunding Terror: The Legal Response To The Financing Of Global Terrorism, Jimmy Gurule

Jimmy Gurule

The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurule, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The …


The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan Dec 2010

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan

Lucian E Dervan

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …


Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver Jul 2010

Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver

Wesley M Oliver

The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit could proceed against John Ashcroft in his individual capacity for the way he detained material witnesses after the Terror of September 11, 2001. Ashcroft allegedly used those he believed to be terrorist suspects as material witnesses when he lacked adequate suspicion to bring formal charges. All of these “witnesses” otherwise qualified for detention under the federal material witness detention statute. The Ninth Circuit concluded that this “pretextual” use of the material witness detention statute clearly violated the Fourth Amendment as it circumvented the probable cause …


Lawyers And The War, Robert Power Dec 2008

Lawyers And The War, Robert Power

Robert C Power

No abstract provided.