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Full-Text Articles in Law

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell Nov 2017

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …


The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably Aug 2017

The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably

University of Miami International and Comparative Law Review

A quarter century ago, the prospects for federal civil litigation of international human rights violations under the Alien Tort Statute (ATS) seemed bright. With the statute’s modern revival, a decade earlier in Filártiga, foreign nationals, often with no recourse in their own countries, had a forum for judicial vindication of a broad range of wrongs by state officials, multinational corporations, and even, in limited circumstances, foreign states themselves. The Supreme Court’s Kiobel decision in 2013, however, may signal the end of the Filártiga revolution, with Congress’s seeming acquiescence: Congress, after all, could amend the ATS if it disagreed with …


A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw Jul 2017

A Never Ending State Of Emergency: The Danger Of National Security In Emboldening The Color Line In America, Celeste Mccaw

University of Miami Race & Social Justice Law Review

No abstract provided.