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Articles 1 - 23 of 23
Full-Text Articles in Law
Piercing The Shield Of U.C.C. Article 4a: Estate Of Levin V. Wells Fargo Bank’S, Implications For Terrorism Victims’ Attachment Of Blocked Electronic Wire Transfers Originating From State Sponsors Of Terrorism, Olivia Lu
University of Miami Business Law Review
This Piece examines how ambiguity in the property interests that would be subject to attachment under section 201 of the Terrorism Risk Insurance Act (“TRIA”) and section 1610(g) of the Foreign Sovereign Immunities Act (“FSIA”) has affected efforts by victims of terrorism to fulfill their monetary judgments, especially in light of courts’ use of Article 4A of the Uniform Commercial Code to fill the definitional gap. This Piece focuses on a recent D.C. Circuit decision, Estate of Levin v. Wells Fargo Bank, N.A., analyzing its implications for terrorism victims holding monetary judgments to attach blocked electronic funds transfers (“EFTs”) originating …
Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román
Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román
University of Miami International and Comparative Law Review
“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”1
President Donald Trump
“Thousands of criminal aliens. They’re pouring into our country.”2
President Donald Trump
“They’re not people, these are animals.”3
President Donald Trump
“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”4
President Donald Trump
“ [We] have millions and millions of people …
Political Extremism And Domestic Terrorism In America, Mark Potok
Political Extremism And Domestic Terrorism In America, Mark Potok
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Charging Crimes As "Terrorism", Jenna Mclaughlin
Charging Crimes As "Terrorism", Jenna Mclaughlin
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
Federal Rule Of Criminal Procedure 15 And Terrorism Cases, Daniel Rashbaum, Melissa Rashbaum
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio
United To Deter: Dealing With New Means Of Supporting Terror, Frank A. Florio
University of Miami International and Comparative Law Review
No abstract provided.
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Articles
When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.
Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
University of Miami International and Comparative Law Review
No abstract provided.
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
University of Miami National Security & Armed Conflict Law Review
Since 9/11, the UN’s counter-‐terrorism regime has developed two distinct approaches to combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. On the other hand, the General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-‐based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the …
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku
Terrorism, Ticking Time-‐Bombs, And Torture: A Philosophical Analysis, By Fritz Allhoff, Krysta Ku
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager
Standing Our Ground: A Study Of Southeast Asian Counterterrorism Conventions Contributing To A Peaceful Existence, Major Dennis Hager
University of Miami National Security & Armed Conflict Law Review
Less than a year after the September 11th attacks on New York and Washington D.C., terrorist groups in Southeast Asia carried out a number of high profile attacks in the region. In an area ripe for global terrorism the effects of counter‐terrorism conventions can be measured and the possibility of progress in the global war observed. The regional cooperation inherent in these conventions has been crucial to the success of peace for this region, and is especially significant considering the immense cultural and political differences among these nations.
With fourteen official languages and over 500 million people living in an …
Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik
Marginal Refuge: The Ramifications Of Terrorism For An Unsustainable United States Asylum Policy, Michael D. Yanovsky Sukenik
University of Miami Law Review
No abstract provided.
Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk
Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk
University of Miami International and Comparative Law Review
While piracy is an age-old phenomenon plaguing mankind, terrorism at sea has only manifested itself in recent times through the Achille Lauro hijacking in 1985 serving as a wake-up call. The international community has since been striving to adopt a series of legal as well as practical measures in order to prevent a recurrence of such a terrorist act because the rules of international law relating to piracy are not applicable mutatis mutandis to terrorism. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation was adopted in 1988. This Convention addressed terrorism at sea for …
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner
U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner
University of Miami International and Comparative Law Review
No abstract provided.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
University of Miami International and Comparative Law Review
No abstract provided.
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
Articles
No abstract provided.
The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak
The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak
University of Miami Law Review
No abstract provided.
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley
University of Miami Law Review
No abstract provided.
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
Articles
No abstract provided.
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
University of Miami Law Review
No abstract provided.
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers
University of Miami Law Review
No abstract provided.