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Articles 1 - 19 of 19
Full-Text Articles in Law
Thoughts, Crimes, And Thought Crimes, Gabriel S. Mendlow
Thoughts, Crimes, And Thought Crimes, Gabriel S. Mendlow
Michigan Law Review
Thought crimes are the stuff of dystopian fiction, not contemporary law. Or so we’re told. Yet our criminal legal system may in a sense punish thought regularly, even as our existing criminal theory lacks the resources to recognize this state of affairs for what it is—or to explain what might be wrong with it. The beginning of wisdom lies in the seeming rhetorical excesses of those who complain that certain terrorism and hate crime laws punish offenders for their malevolent intentions while purporting to punish them for their conduct. Behind this too-easily-written-off complaint is a half-buried precept of criminal jurisprudence, …
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Michigan Law Review
U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other “domestic” threats. This …
Missing Mcveigh, Michael E. Tigar
Missing Mcveigh, Michael E. Tigar
Michigan Law Review
The bombing that killed at least 169 people became an event by which time was thereafter measured — at least in Oklahoma. Ninety minutes after the bombing, a state trooper arrested Timothy McVeigh on a traffic charge; within hours, he was linked to the bombing, and the legal process began. Terry Nichols, who had met McVeigh when they were in the army together, was arrested in Herington, Kansas, where he lived with his wife and daughter. The Tenth Circuit chief judge designated Richard Matsch, chief judge for the District of Colorado, to preside over the case. Judge Matsch came to …
The Legality Of Deliberate Miranda Violations: How Two-Step National Security Interrogations Undermine Miranda And Destabilize Fifth Amendment Protections, Lee Ross Crain
Michigan Law Review
As part of the global “War on Terror,” federal agents intentionally delay issuing Miranda warnings to terrorism suspects during custodial interrogations. They delay the warnings presuming that unwarned suspects will more freely offer vital national security intelligence. After a suspect offers the information he has, agents administer Miranda warnings and attempt to elicit confessions that prosecutors can use at the suspect’s trial. No court has ruled on the constitutionality of this two-step national security interrogation process to determine whether admitting the second, warned confession is allowed under Miranda v. Arizona and its progeny. A fragmented Supreme Court examined two-step interrogations …
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Michigan Law Review
By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …
Detention Debates, Deborah N. Pearlstein
Detention Debates, Deborah N. Pearlstein
Michigan Law Review
Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …
Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt
Weakening The Bill Of Rights: A Victory For Terrorism, Stephen Reinhardt
Michigan Law Review
What is most remarkable about Richard Posner's latest book-and he has written many-is that he argues that we should repose full confidence in the executive branch to handle the most sensitive constitutional issues of our time without once mentioning the flagrant breaches of law and critical falsehoods with which President Bush and his administration have deluged the public since 9/11. This only seven years after he composed a lengthy tome regarding President Clinton's impeachment in which he appropriately, if harshly, condemned the president for his unethical and illegal conduct, principally his deliberate lies and purposeful lack of candor with the …
Prologue To A Voluntarist War Convention, Robert D. Sloane
Prologue To A Voluntarist War Convention, Robert D. Sloane
Michigan Law Review
This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions-in both the formal and informal senses of that word-onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict …
Beyond The "War" On Terrorism: Towards The New Intelligence Network, Ronald D. Lee, Paul M. Schwartz
Beyond The "War" On Terrorism: Towards The New Intelligence Network, Ronald D. Lee, Paul M. Schwartz
Michigan Law Review
In Terrorism, Freedom, and Security, Philip B. Heymann undertakes a wide-ranging study of how the United States can - and in his view should - respond to the threat of international terrorism. A former Deputy Attorney General of the United States Department of Justice ("DOJ") and current James Barr Ames Professor of Law at Harvard Law School, Heymann draws on his governmental experience and jurisprudential background in developing a series of nuanced approaches to preventing terrorism. Heymann makes clear his own policy and legal preferences. First, as his choice of subtitle suggests, he firmly rejects the widely used metaphor …
Justice In The Time Of Terror, Sharon L. Davies
Justice In The Time Of Terror, Sharon L. Davies
Michigan Law Review
On my drive into work recently I found myself behind a Ford pickup truck and noticed its bumper sticker: "When the going gets tough, I get a machine gun." Not a doctor. Not a counselor or mediator. Not a shelter for cover. Not the wisdom of a favored advisor or a proven friend. But a machine gun. How odd, I thought, to prefer a weapon incapable of identifying with any precision, any careful thought, where the enemy of the wielder of it might actually be hidden. A weapon as apt to injure non-targets as targets. A weapon mindless of its …
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez
Michigan Law Review
Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn
Michigan Law Review
From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
Terrorism And The Democratic State, Alona E. Evans
Terrorism And The Democratic State, Alona E. Evans
Michigan Law Review
A Review of A Time of Terror: How Democratic Societies Respond to Revolutionary Violence by J. Bowyer Bell
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Michigan Law Review
An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Michigan Law Review
At the present time this nation is greatly concerned over the state of its political health. Advocates of foreign ideologies are asserting their creeds with ever-increasing vigor. The doctrines they propound are generally conceded to be inconsistent with American ideals, and their activity has induced a feeling of alarm, sometimes attended by hostile reaction. There have been instances where this reaction has taken the form of demands that the proponents of these ideas be silenced. In these circumstances, it becomes important to examine the power of state and federal governments to restrict their activities, particularly with respect to the freedom …
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Michigan Law Review
Plaintiff, a member of the council of the city of Highland Park, Michigan, was removed by the council, as provided in the charter because of membership in the Black Legion. The Black Legion was a secret society founded on principles of racial, religious, and political discrimination. Its members took an oath to further these purposes by any means ordered by the officers of the organization, including violence and terrorism. Members were forbidden to expose the organization under penalty of death, and membership was supposedly permanent. The council found that membership in such a society rendered Wilson incompetent to perform the …