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Michael Epstein

2011

International Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein Apr 2011

Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein

Michael Epstein

In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. Part I of this paper demonstrates the …


The Curious Case Of Anwar Al-Aulaqi: Is Targeting A Terrorist For Execution By Drone Strike A Due Process Violation When The Terrorist Is A United States Citizen?, Michael Epstein Jan 2011

The Curious Case Of Anwar Al-Aulaqi: Is Targeting A Terrorist For Execution By Drone Strike A Due Process Violation When The Terrorist Is A United States Citizen?, Michael Epstein

Michael Epstein

This note explores the claims of Nasser al-Aulaqi on behalf of his son, Anwar al-Aulaqi, who has allegedly been placed on the Obama Administation’s approved terrorist kill list. Part 1 of this paper introduces Anwar al-Aulaqi and his father’s proposed injunction to have him taken off the targeted kill list. Part 2 of this paper will lay out all of the current statutory and case law that the U.S. government currently acts under when pursuing and prosecuting terrorists. Part 3 of this paper will explore the applicability of this legal framework to al-Aulaqi’s case and the merits of the plaintiff’s …


Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein Jan 2011

Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein

Michael Epstein

In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. Part I of this paper demonstrates the …