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- National security (3)
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- Washington and Lee Journal of Civil Rights and Social Justice (3)
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Articles 1 - 26 of 26
Full-Text Articles in Law
Burkean Minimalism, Cass R. Sunstein
Burkean Minimalism, Cass R. Sunstein
Michigan Law Review
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry
University of Michigan Journal of Law Reform
On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …
Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler
Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler
North Carolina Central Law Review
No abstract provided.
National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells
National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells
William & Mary Environmental Law and Policy Review
No abstract provided.
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
A Practitioner's Observations On U.S. Immigration Policy Changes In Response To 9/11 And The War On Terror, Mary E. Pivec
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim
Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Beware Of Boldness, Conrad C. Crane
Beware Of Boldness, Conrad C. Crane
The US Army War College Quarterly: Parameters
No abstract provided.
Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel
Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel
William & Mary Environmental Law and Policy Review
No abstract provided.
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong
Brigham Young University Education and Law Journal
No abstract provided.
Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna
Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna
Human Rights & Human Welfare
A review of:
The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.
Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu
Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu
William & Mary Environmental Law and Policy Review
No abstract provided.
Examining The Declining Utility Of Military Force, Ali Wyne
Examining The Declining Utility Of Military Force, Ali Wyne
Human Rights & Human Welfare
A review of:
The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
Michigan Journal of International Law
This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …
Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers
Domestic Surveillance And The Constitution, 24 J. Marshall J. Computer & Info. L. 177 (2006), Lawrence Friedman, René M. Landers
UIC John Marshall Journal of Information Technology & Privacy Law
This article argues that President Bush’s domestic electronic surveillance program is unconstitutional. The program allows the President to order the NSA to conduct surveillance of electronic communications, including communications involving United States citizens, without court order. The authors conclude that the President lacked the statutory or constitutional power to authorize such a program and that the program runs afoul to the letter and the spirit of the constitutional protection against unreasonable searches and seizures embraced by the Fourth Amendment of the United States Constitution. Congress and the President share overlapping constitutional authority in matters of foreign affairs and national security. …
The Suffocation Of Free Speech Due To The "Gravity Of Danger" Of Terrorism, Tim Davis
The Suffocation Of Free Speech Due To The "Gravity Of Danger" Of Terrorism, Tim Davis
The Modern American
No abstract provided.
The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong
The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong
Michigan Journal of Race and Law
This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
NYLS Law Review
No abstract provided.
The Limits Of Courage And Principle, Jedediah Purdy
The Limits Of Courage And Principle, Jedediah Purdy
Michigan Law Review
Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon
Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
Fighting Terrorism And Preserving Civil Liberties, James B. Comey
University of Richmond Law Review
No abstract provided.
Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee
Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee
Michigan Journal of Race and Law
This Article begins by comparing the concerns of American racial profiling to current terrorism concerns. Part II is an overview of the Bank Secrecy Act and its role in privacy issues concerning bank customers (as the predecessor to the USA Patriot Act). Here, the value of traditional reporting devices, specifically CTRs and SARs used by banks to alert law enforcement to possible terrorist activities, are discussed and evaluated. The facts suggest these reports have been ineffective in identifying terrorists, and have not only greatly infringed upon First Amendment privacy rights, but also diminished the Fourth Amendment protection against warrant-less searches …
When Liberty And Security Collide: Foreign Policy Litigation And The Federal Judiciary, Kirk A. Randazzo
When Liberty And Security Collide: Foreign Policy Litigation And The Federal Judiciary, Kirk A. Randazzo
Kentucky Law Journal
No abstract provided.
Implications Of The Small V. United States Decision, Anwar K. Malik
Implications Of The Small V. United States Decision, Anwar K. Malik
Kentucky Law Journal
No abstract provided.