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Full-Text Articles in Law
"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch
"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch
Law Student Publications
The use of Guantanamo Bay as an extraterritorial detention center intended to house what the United States deems as "unlawful enemy combatants" has been problematic for several reasons. First, the United States government has argued that Guantanamo exists outside of its immediate territorial sovereignty, and therefore the detainees do not have to be afforded any significant procedural and substantive legal protections under the Constitution. Second, it is unclear how and to what extent United States activities in Guantanamo Bay conform to international human rights standards. Significantly, it has been questioned whether or to what extent public international and human rights …
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Richmond Journal of Global Law & Business
Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
University of Richmond Law Review
No abstract provided.
Viewpoint: Legislating Without Deliberation, Carl W. Tobias
Viewpoint: Legislating Without Deliberation, Carl W. Tobias
Law Faculty Publications
No abstract provided.
Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka
University of Richmond Law Review
On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.