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Constitution

Faculty Scholarship

Berkeley Law

Articles 1 - 4 of 4

Full-Text Articles in Law

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo Dec 2016

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Faculty Scholarship

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist ...


Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo Jan 1999

Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo

Faculty Scholarship

Focuses on the role of treaties in regulating domestic affairs. Account of the original understanding of place treaties within the American legal system; Correlation between treaty and legislative power during colonial, revolutionary, Framing Period, and early national periods; Self-executing nature of treaties; Constitutionality of non-self-execution.


The Dead Hand Of The Architect, Daniel A. Farber Jan 1995

The Dead Hand Of The Architect, Daniel A. Farber

Faculty Scholarship

No abstract provided.


The Discretionary Constitution Institutional Remedies And Judicial Legitimacy, William A. Fletcher Jan 1981

The Discretionary Constitution Institutional Remedies And Judicial Legitimacy, William A. Fletcher

Faculty Scholarship

No abstract provided.