Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- National Security Law (7)
- Constitutional Law (4)
- Law and Society (4)
- Immigration Law (3)
- Social and Behavioral Sciences (3)
-
- International Law (2)
- Internet Law (2)
- Law Enforcement and Corrections (2)
- President/Executive Department (2)
- Public Affairs, Public Policy and Public Administration (2)
- Administrative Law (1)
- American Politics (1)
- Anthropology (1)
- Arabic Studies (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Emergency and Disaster Management (1)
- Ethics and Political Philosophy (1)
- First Amendment (1)
- Fourth Amendment (1)
- International Humanitarian Law (1)
- International Relations (1)
- International Trade Law (1)
- Islamic Studies (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Race (1)
- Institution
Articles 1 - 13 of 13
Full-Text Articles in Law
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang
Articles
In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Wto Security Exceptions: A Sliding Scale Approach To Protect The Rules-Based System For Global Free Trade, Ts Somashekar, Kanchan Yadav
Articles
Since the enforcement of the General Agreement on Tariffs and Trade (GATT) in 1947 and subsequently with the establishment of the World Trade Organization, the global community has been moving towards a more secure and rule-based international trade law regime. The cornerstones of the system are predictability and transparency, which ensure that a state, no matter how powerful, cannot undertake a discriminatory trade measure against another going above and beyond the rules. However, the recent instances of unilateral invocation of the security exceptions found in the various trade agreements endanger the very basis of the WTO system. The very first …
Media Literacy Beyond The National Security Frame, Lili Levi
Media Literacy Beyond The National Security Frame, Lili Levi
Articles
No abstract provided.
The Arabs In The (Inter)National, Haider Ala Hamoudi
The Arabs In The (Inter)National, Haider Ala Hamoudi
Articles
This essay is a commentary on an article submitted by Professor Lama Abu-Odeh as part of a special symposium edition contained in Volume 10 of the Santa Clara Journal of International Law. In her piece, Professor Abu-Odeh builds on her earlier work respecting Islamic law but adds a new target to her sites, that of the study of national security. That is, we already knew Professor Abu-Odeh’s view of the typical Islamic law scholar. He is one who is focused either on the resurrection of the shari’a in some sort of reconstructed form or involved in a thoroughly misguided search …
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Articles
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across …
Searching For Effective And Constitutional Responses To Homegrown Terrorists, Barbara L. Mcquade
Searching For Effective And Constitutional Responses To Homegrown Terrorists, Barbara L. Mcquade
Articles
Thank you, Brad, and thank you to the Law Review for inviting me here today. Protecting national security while honoring civil liberties is the greatest challenge of our generation. As a prosecutor, I am charged with protecting national security, and I understand the importance of protecting the public from acts of terrorism. But prosecutors are also sworn to uphold the Constitution. In fact, at the U.S. Attorney's Office, we are also charged with prosecuting violations of civil rights. So in every case, we understand how important it is to protect people's constitutional rights, such as First Amendment rights to free …
Sending The Bureaucracy To War, Elena Baylis, David Zaring
Sending The Bureaucracy To War, Elena Baylis, David Zaring
Articles
Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives suffer from predictable, persistent, and probably intractable problems - problems that contemporary legal scholars tend to ignore, even though they are central to the work of the writers who created and framed the discipline of administrative law.
We analyze these problems through a survey of four administrative initiatives that exemplify the project of sending bureaucrats to …
The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris
The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris
Articles
In post-9/11 America, preventing the next terrorist attack ranks as law enforcement's top priority. This is as true for local police departments as it is for the FBI. This has led many advocates of stronger enforcement of U.S. immigration law to recast their efforts as anti-terrorism campaigns. As part of this endeavor, these advocates have called for local police to become involved in enforcing immigration law, and their allies in both the executive and legislative branches of the federal government have taken a number of actions designed to force local police to do this. Surprisingly, local law enforcement has for …
Transcript Of Weapons Of Mass Destruction, National Security, And A Free Press: Seminal Issues As Viewed Through The Lens Of The Progressive Case, David Rudenstine, James R. Schlesinger, Norman Dorsen, Robert E. Cattanach, Brady Williamson, Frank Tuerkheimer, Howard Morland, Gary Milhollin, Anthony Lewis
Transcript Of Weapons Of Mass Destruction, National Security, And A Free Press: Seminal Issues As Viewed Through The Lens Of The Progressive Case, David Rudenstine, James R. Schlesinger, Norman Dorsen, Robert E. Cattanach, Brady Williamson, Frank Tuerkheimer, Howard Morland, Gary Milhollin, Anthony Lewis
Articles
No abstract provided.
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge
Articles
No abstract provided.
The War On Terrorism And Civil Liberties, Jules Lobel
The War On Terrorism And Civil Liberties, Jules Lobel
Articles
Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …
The Book In Retrospect, David Rudenstine
Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine
Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine
Articles
No abstract provided.