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Series

Georgetown Law Faculty Publications and Other Works

Criminal Law

Detention of persons

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

What To Do About The Torturers?, David Cole Jan 2009

What To Do About The Torturers?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


The Defense Of Torture, David Luban Mar 2007

The Defense Of Torture, David Luban

Georgetown Law Faculty Publications and Other Works

No abstract provided.


The New Mccarthyism: Repeating History In The War In Terrorism, David Cole Jan 2003

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …