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Full-Text Articles in Law
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Seattle University Law Review
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich
During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich
Seattle University Law Review
This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Seattle University Law Review
In Part I, this Comment details the designation process of FTOs and examines the wide array of purposes and activities in which FTOs engage. Part III chronicles how § 2339B has evolved through amendments and judicial interpretation. Part IV establishes that Scales controls the personal guilt analysis and identifies due process concerns implicated by Scales that have been overlooked by the courts. Finally, Part V argues a recklessness standard is the most appropriate fix to § 2339B and proposes a model amendment to that end.
Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock
Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock
Seattle University Law Review
This Article aims to remedy that gap with respect to one important component of the country's current anti-terrorism strategy watch lists and to suggest some ways to avoid the worst excesses of the 1950s. A comparison of the two periods also serves to shed some light on the question of whether our institutions have learned from the experiences of the past in striking the balance between security and civil liberties. Part II of this Article gives a brief and broad-brush description of the McCarthy era blacklists and loyalty-security programs. Part III then describes the operation, bases for inclusion, and uses …
Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour
Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour
Seattle University Law Review
This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia's revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, …
Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski
Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski
Seattle University Law Review
This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement.
Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum
Winning The Battle While Losing The War: Ramifications Of The Foreign Intelligence Surveillance Court Of Review's First Decision, Stephanie Kornblum
Seattle University Law Review
This Note will outline the history preceding the passage of FISA, including a discussion of the cases from which the "primary purpose test" arose. The Note will then explore the language of the FISA statute, and the U.S. Circuit Courts of Appeals' continuing reliance on the "primary purpose" test in the analysis of cases decided following the passage of FISA. Following a discussion of the historic FISC and FISA Review Court opinions in Parts III and IV, including an articulation of the Patriot Act amendments to FISA, Part V of the Note will focus on the ramifications of the Review …