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Full-Text Articles in Law
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Golden Gate University Law Review
This Comment argues that §1189 is unconstitutional because it deprives accused terrorist organizations due process under the Fifth Amendment to the U.S. Constitution. Section I will provide an explanation of §1189 and §2339B and their effect on both an organization and its supporters. Section II will provide a brief overview of the Due Process Clause in the context of administrative proceedings. Section III will show how §1189 deprives organizations due process under the Fifth Amendment because the statute does not include the most fundamental requirements of procedural due process. Section III(A) will address the initial question of whether organizations are …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Annual Survey of International & Comparative Law
In early 2002, the United States began transporting prisoners captured in Afghanistan to the naval base at Guantanamo Bay. Almost immediately, an uproar broke out over the detention of prisoners there. The United States was, and continues to be, almost universally criticized by the international community for its handling of the prisoners at Guantanamo Bay. The most common criticisms are of the detention of accused terrorists without charges and the indefinite detention of non-citizens certified as dangers to national security as authorized by the USA PATRIOT Act. Although all of the issues regarding the detention of prisoners in the War …