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Articles 1 - 10 of 10

Full-Text Articles in Law

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky Jan 2012

Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky

UF Law Faculty Publications

Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …


Confronting Evil: Victims' Rights In An Age Of Terror, Wayne A. Logan Mar 2008

Confronting Evil: Victims' Rights In An Age Of Terror, Wayne A. Logan

Scholarly Publications

This Article examines a unique facet of the victims' rights movement: the use of victim impact evidence in the prosecution of individuals accused of mass killings. The Article provides the first detailed analysis of victim impact evidence employed in the capital trials of those responsible for the bombings in Oklahoma City (168 deaths) and the U.S. Embassy in Kenya (213 deaths), as well as the events of September 11 (almost 3000 deaths), and explores the many difficulties its use presents. These difficulties, the Article argues, warrant attention not only with respect to future U.S. mass killing trials in civilian courts, …


Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller Jan 2005

Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller

Journal Articles

Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.


A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait Jan 2004

A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue Jan 2003

Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue

Articles

The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …


Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller Jan 2003

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Journal Articles

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …


Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston Jan 2002

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …


The War On Terrorism And The End Of Human Rights, David Luban Jan 2002

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …


The Terrors Of Dealing With September 11th, Christopher L. Blakesley Jan 2002

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.