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Articles 1 - 12 of 12
Full-Text Articles in Law
The Statutory Commander In Chief, Neil Kinkopf
The Statutory Commander In Chief, Neil Kinkopf
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu
Preventing International Terrorism: Can Multinational Corporations Offer A Fresh New Perspective?, Jocelyne Kokaz-Muslu
ExpressO
Multinational corporations (“MNC”s) while investing in new ventures all over the world, have managed a variety of risk factors such as developing country risk, language risk, cultural risk, currency risk, and political risk including terrorism. The risk management strategies that have worked for MNCs would be beneficial and effective for states around the world, as well as the United States of America (“USA”), to win the war against terrorism. Furthermore, the USA has a unique position in the world, where it has accumulated dormant knowledge regarding fighting terrorism in light of its ownership of the most respected, most profitable and …
Fear Of A Blackened Planet: Pressured By The War On Terror, Courts Ignore The Erosion Of The Attorney-Client Privilege And Effective Assistance Of Counsel In 28 C.F.R § 501.3(D) Cases, Chris Ford
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
ExpressO
This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.
State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk
State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk
René Värk
No abstract provided.
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Defending Human Rights In The "War" Against Terror, Douglass Cassel
Journal Articles
Safeguarding human rights in our "war" against terrorism is both the right and the smart thing to do. It is right because human rights embody our fundamental values as Americans and as Christians. Our Constitution stands for freedom; our Creator teaches us to respect the God-given dignity of each human soul. Christians are called to cherish human dignity, not only of innocents, and not only of captives in war whose status as combatant or civilian may be uncertain, but also of cardinal sinners, the terrorists themselves. Christ Jesus teaches us to hate the sin, but somehow to bring ourselves to …
Anglo-American Privacy And Surveillance, Laura K. Donohue
Anglo-American Privacy And Surveillance, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The United States’ Terrorism Surveillance Program represents just one of many expansions in surveillance since 9/11, as legal controls previously introduced to protect citizens’ privacy and to prevent the misuse of surveillance powers have been relaxed. What makes the situation qualitatively different now is not just the lowering of the bar: digitization and the rapid advancement of technology mean that the type and volume of information currently available eclipse that of previous generations. The issue is not confined to the United States. Despite the incorporation of the European Convention of Human Rights into British law, the United Kingdom also appears …
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
St. Mary's Law Journal
There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …
Waging War Against Terror: An Essay For Sandy Levinson, Philip Chase Bobbitt
Waging War Against Terror: An Essay For Sandy Levinson, Philip Chase Bobbitt
Faculty Scholarship
Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states – including virtual states like al Qaeda's global ummah – whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states …