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Full-Text Articles in Law

Newsletter, Winter 2022 Jan 2022

Newsletter, Winter 2022

Newsletter

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …


Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger Sep 2009

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Congressional Testimony

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed, …


Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns Jan 2009

Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns

Faculty Scholarship

No abstract provided.


Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee Aug 2008

Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee

Faculty Scholarship

This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and the Terrorism Risk Insurance Act of 2002 and the Terrorism Risk Insurance Extension Act of 2005, along with references and further reading.


Insurance For Acts Of Terrorism, Robert J. Rhee Jan 2008

Insurance For Acts Of Terrorism, Robert J. Rhee

Faculty Scholarship

This chapter discusses insurance case law arising from acts of terrorism, including those arising from the September 11 attacks. It analyzes the Terrorism Risk Insurance Act of 2002 (TRIA), as amended by the Terrorism Risk Insurance Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007, as well as the administrative program created by the legislation. Examples are provided and NAIC Policyholder Disclosure Notice forms are included. Policy considerations surrounding TRIA are also discussed including insurance industry strategies, the difficulties of assessing terrorism risks, the effect of TRIA subsidized insurance on the market, and the benefits and …


To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer Jan 2007

To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer

Student Articles and Papers

No abstract provided.


Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee Jul 2005

Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee

Faculty Scholarship

September 11 changed the American economy and the global insurance market. The insurance industry no longer covers terrorism risk for "free." The traditional insurance mechanism alone cannot spread the risk of repeated catastrophic losses. Beyond the Terrorism Risk Insurance Act of 2002 lingers the questions of a longterm solution and government's role therein. Government can assume different roles: reinsurer, wealth (re)distributor, regulator, or a combination thereof. This article suggests that the government should foster a regulatory and tax environment in which the private sector can develop a capital market solution for terrorism risk. Securitization is an alternative to reinsurance and …


Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger Jan 2005

Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger

Congressional Testimony

No abstract provided.


Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger Nov 2004

Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger

Faculty Scholarship

A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …


Securing Our Infrastructure: Private/Public Information Sharing, Rena I. Steinzor Jan 2002

Securing Our Infrastructure: Private/Public Information Sharing, Rena I. Steinzor

Congressional Testimony

No abstract provided.