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Full-Text Articles in Law
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Law Faculty Publications
This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Law Faculty Publications
In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint was a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends …