Law Commons^™

Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano

University of Michigan Journal of Law Reform

The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Michigan Law Review

This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions-in both the formal and informal senses of that word-onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict …

Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry

International Law Studies

No abstract provided.

Conflict, Terrorism And The Media In Asia, Rebekah L. Bina

Federal Communications Law Journal

Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].

The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …

Uzbekistan At The Crossroads, Latife Bulur

Human Rights & Human Welfare

Uzbekistan is at the crossroads of the Central Asian region. Because of its strategic location and natural resources, Uzbekistan is becoming an interest to many different states, including the United States. However, many states that are interested in Uzbekistan are cautious about developing relations due to civil and governmental unrest.

The R.F.I.D. Act Of 2006 And E-Pedigrees: Tackling The Problem Of Counterfeit Drugs In The United States Wholesale Industry, Suchira Ghosh

Michigan Telecommunications & Technology Law Review

Gaps within the drug distribution system make it increasingly vulnerable to bad actors, such as counterfeiters and terrorists. Congress intended the Prescription Drug Marketing Act (PDMA) of 1987 to close these gaps, but the PDMA has not fully succeeded. Important PDMA provisions that require tracking of drugs throughout the distribution chain in the form of "pedigrees" were set to be implemented as of Dec. 1, 2006, although a recent court order has stayed complete implementation. However, these PDMA requirements do not apply uniformly to all drug distributors in the United States. Moreover, since paper pedigrees can be forged, the pedigree …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Journal of Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

The Unresolved Equation Of Espionage And International Law, A. John Radsan

Michigan Journal of International Law

This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …

Keynote Address, Jeffrey H. Smith

Michigan Journal of International Law

This afternoon, I want to touch briefly on a number of issues rather than discuss one or two to death. I chose this approach because it seemed an appropriate way to open a conference. I also chose it because I hope I can convince you that intelligence and international law interact in a way that simultaneously strengthens the law and improves intelligence; that law matters, especially in time of war; and that both good intelligence and good law have one common core value: integrity. So that you will have a sense of the perspective that I bring to this, I …

Conceptions Of The Vessel: Abu Ali, Habeas Corpus, And The Dark Side Of The “War On Terrorism”, Michael Paisner

Saint Louis University Public Law Review

No abstract provided.

The War Powers Resolution In The Age Of Terrorism, J. Brian Atwood

Saint Louis University Law Journal

No abstract provided.

Chechnya: Human Rights Issues, Latife Bulur

Human Rights & Human Welfare

Chechnya is a country plagued by terrorism and human rights abuses. A primary source of these issues is the unsettled situation between local insurgents and the Russian military. This conflict, increasing in magnitude over time, makes it incredibly difficult to negotiate the terms of Chechnya’s independence perpetuating the crisis. Rising violence fuels Russia’s frustration in addressing the conflict with Chechen groups. Russia has and continues to employ various tactics to minimize the violence, but such tactics have all so far been unsuccessful.

Sudan: A Survey Of Terrorism And Human Rights, Arika Long

Human Rights & Human Welfare

Sudan is a primary example of a country dominated by terror and human rights violations. Upon the release of Amnesty International’s 2007 annual report, Secretary General Khan described the continuing conflict in Sudan's Darfur region as a “bleeding wound on the world’s conscience.” In the report, the authors declare that the world has been “impotent” in the face of major crises like Darfur. They state that policies linked to the “War on Terror” are creating a more polarized and dangerous world, with grave effects in Sudan. In addition to the terror and human rights violations permeating the North, frustration also …

Practicing Globally: Extraterritorial Implications Of The Usa Patriot Act's Money-Laundering Provisions On The Ethical Requirements Of Us Lawyers In An International Environment, Pamella Seay

South Carolina Journal of International Law and Business

No abstract provided.

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.

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.

The Ethics Of Torture, Rebecca Evans

Human Rights & Human Welfare

A review of:

Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp.

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman

Michigan Journal of International Law

This Article will consider generally the prospects for an approach to intelligence activities based on the rule of law, focusing on the problem of covertness. In particular, it will examine the debate over how law should deal with crises, epitomized by the "ticking time-bomb" hypothetical. On the one hand, some call for a pragmatic recognition that, in extremis, public officials may be required to act outside the law and should seek after-the-fact ratification of their "extra-legal measures." On the other hand, others argue that the embrace of "extra-legal measures" misconceives the rule of law, underestimates the capacity of a …

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Fordham Law Review

No abstract provided.

The Case For Specially Compensating The Victims Of Terrorist Acts: An Assessment, Robert L. Rabin, Stephen D. Sugarman

Hofstra Law Review

In light of the daunting prospect of terrorists striking again on the home front, what special measures, if any, should be taken to assure compensation to those killed or injured by such violence? The starting point for any discussion of the compensation of these victims (and their survivors), we believe, is an appreciation of the baseline arrangements our nation has in place for those killed or seriously injured regardless of cause. One policy option would be to leave victims of terrorism to whatever they might obtain from these baseline tort and social welfare compensation systems in default of special treatment. …

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Michigan Journal of International Law

The question before us is whether international law is useful or required to govern the covert intelligence-gathering activities of nation-states during peacetime. The very notion that international law is currently capable of regulating intelligence gathering is dubious. In fact, we suggest that international regulation of intelligence operations could have the perverse effect of making international conflict more, rather than less, likely. Certainly, there is legitimate space for coordination and cooperation between states in sharing intelligence, but such "sharing" does not involve significant needs for universal regulation by international law. Simply stated, it is not in the interests of nation-states or …

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

Michigan Journal of International Law

Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …

The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Suing Islam: Tort, Terrorism, And The House Of Saud, Don Garner, Robert L. Mcfarland

Oklahoma Law Review

No abstract provided.

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Case Western Reserve Journal of International Law

No abstract provided.