Law Commons^™

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.

State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk

René Värk

No abstract provided.

“Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis)”, Kam C. Wong

Kam C. Wong

On September 11, 2001, terrorists attacked America without warning, killing 2749 in New York City alone. 9/11 precipitated a renew call for stricter monitoring of foreign visitors. Consequently, the Congress passed the USA PATRIOT ACT on October 26, 2001 mandating the establishment the Student and Exchange Visitor Information System (SEVIS) by January 30, 2003. SEVIS was designed to track and monitor international students electronically while they are in the United States.

A cursory review of literature informs that there is no comprehensive and systematic study of the SEVIS related implementation problems and issues, especially from the university administration perspective. This …

Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts

Faculty Publications

Natural disasters and terrorism events of a massive scale are "difficult risks." They are difficult (or, if large enough, impossible) to insure, and they present enormous risk-management challenges. Indeed, we are now in an era when difficult risks are the dominant feature of the risk-management landscape. These kinds of risks are inevitably multi-jurisdictional in nature, and managing them effectively requires a cohesive, comprehensive national catastrophe policy involving ex ante prevention and mitigation measures, effective risk allocation through insurance mechanisms, and ex post victim-compensation strategies. Although our nation is not yet close to establishing a much-needed and increasingly discussed national catastrophe …

Assessing The Threat Of Maritime Terrorism: Issues For The Asia-Pacific Region, Sam Bateman

Faculty of Law - Papers (Archive)

This article provides a critical assessment of the contemporary threat of maritime terrorism in the Asia-Pacific region. It addresses the operational dimensions of the threat to ships and port infrastructure, and considers the effectiveness of the international and regional measures that have been introduced in recent years to deal with this threat. Based on a proposition that that there has been rather too much emphasis on highly remote and speculative “doomsday” scenarios, the article supports the need for balance and equity in addressing the risks of maritime terrorism. It identifies types of terrorist attack that might be assessed as more …

The Usa Patriot Act: A Policy Of Alienation, Kam C. Wong

Michigan Journal of Race and Law

This Article provides a brief overview of how Muslims were treated after 9/11. It documents how the USAPA and related measures have been used to monitor, investigate, detain, and deport Muslim U.S. citizens in violation of their civil rights. Of particular importance, is how the life circumstances of the Muslims in America have changed for the worse as a result of zealous enforcement and discriminatory application of the USAPA. In so doing, this Article seeks to provide concrete facts and a rich context to ascertain the implications of 9/11 on American society.

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

The Campaign To Restrict The Right To Respond To Terrorist Attacks In Self-Defense Under Article 51 Of The U.N. Charter And What The United States Can Do About It, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Article 51 of the United Nations Charter preserves the right of nations to use military force in self-defense. This broad language would appear to allow nations to use military force in self-defense in response to "armed attacks" by terrorists. But a significant problem has developed over the past twenty years. In a series of resolutions and judicial decisions, organs of the United Nations have attempted to read into Article 51 four very significant and dangerous limitations on the use of military force in self-defense. These limitations find no support in the language of Article 51, they do not accord with …

Terrorism And The Constitutional Order, Bruce Ackerman

Fordham Law Review

No abstract provided.

The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow

Fordham Law Review

No abstract provided.

We Are All Post-9/11 Now, Kim Lane Scheppele

Fordham Law Review

No abstract provided.

Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule

Fordham Law Review

No abstract provided.

Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld

Articles

This article explores the proper role of judicial balancing in cases arising out of the war on terror. The relevant cases have all relied on judicial balancing in spite of criticism suggesting that in relation to the war on terror the judicial role should be minimized or confined to application of preestablished categorical standards. The article advances the thesis that judicial balancing is appropriate and indispensable in this context, but that it has thus far not been used properly. This is because existing cases fail to distinguish between states of emergency and conditions of stress and seem caught between a …

Moral Justification, Administrative Power And Emergencies, Re'em Segev

Cleveland State Law Review

Although harming people is generally wrong, it is exceptionally justified as the lesser evil when it is done to prevent sufficiently more serious harm. The two aspects of this moral truth should be reflected in the law. This is not always an easy task and is especially difficult with respect to the powers of the executive branch of government concerning emergencies. In such situations, there may be strong reasons to confer wide powers to the executive branch to perform harmful actions as the lesser evil. However, strong reasons exist to curb and check such powers. However, this problem is especially …

Designating The Dangerous: From Blacklists To Watch Lists, Daniel J. Steinbock

Seattle University Law Review

This Article aims to remedy that gap with respect to one important component of the country's current anti-terrorism strategy watch lists and to suggest some ways to avoid the worst excesses of the 1950s. A comparison of the two periods also serves to shed some light on the question of whether our institutions have learned from the experiences of the past in striking the balance between security and civil liberties. Part II of this Article gives a brief and broad-brush description of the McCarthy era blacklists and loyalty-security programs. Part III then describes the operation, bases for inclusion, and uses …

Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar

Faculty Scholarship

This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …

The Rehnquist Court's Noninterference With The Guardians Of National Security, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Based on an examination of the Rehnquist Court's national security cases decided between 1986 and 2005, this essay makes three claims. The first claim is that the Rehnquist Court generally did not interfere with the governmental units that serve as the guardians of national security. The Rehnquist Court almost always rejected challenges to governmental actions when the official responsible justified the actions based on the need to protect the United States from external threats. The second claim is that the Rehnquist Court's hands-off approach generally had favorable consequences. It promoted national security by leaving the subject to the governmental units …

Beyond Power Politics: International Law And Human Rights Discourse In The Post-9/11 World, J. Peter Pham

Human Rights & Human Welfare

A review of:

Imperialism, Sovereignty and the Making of International Law by Antony Anghie. Cambridge, UK: Cambridge University Press, 2005. 356 pp.

Ghosts Of Alabama: The Prosecution Of Bobby Frank Cherry For The Bombing Of The Sixteenth Street Baptist Church, Donald Q. Cochran

Michigan Journal of Race and Law

Perhaps no other crime in American history has shocked the conscience of America like the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama. In May of 2002- almost thirty-nine years after the bombing- Bobby Frank Cherry was brought to trial for the murders of Addie, Carole, Cynthia, and Denise. He was the last person to be tried for the bombing. As an Assistant United States Attorney in Birmingham, Alabama it was my privilege to be a part of the prosecution team that brought Cherry to justice. This Article tells the story of that prosecution and explores the …

Victims Of Terror Stopped At The Gate To Safety: The Impact Of The “Material Support To Terrorism” Bar On Refugees, Jennie Pasquarella

Human Rights Brief

No abstract provided.

The "War On Terror" And The Erosion Of The Rule Of Law: The U.S. Hearings Of The Icj Eminent Jurist Panel, Mark W. Vorkink, Erin M. Scheick

Human Rights Brief

No abstract provided.

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 …

Muslim Profiles Post-9/11: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt

Faculty Scholarship

Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents just smart law enforcement. Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and just nuts.

As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …

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 …

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States—two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes—and accepts—the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts—flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

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 …

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 …

Politics And The Court: Did The Supreme Court Really Move Left Because Of Embarrassment Over Bush V. Gore?, John C. Eastman

John C. Eastman

The premise of the "hot topics" panel at the 2005 AALS convention was that the Rehnquist Court had in 2004 retreated from its bolder conservatism, asserting itself on the side of individual liberty against a federal government that had grown increasingly cavalier toward civil liberties during three years of a war on terror and two decades of a renewed war on crime. Proof of the premise was said to be found in a pair of Sixth Amendment cases, Crawford v. Washington and Blakely v. Washington, and also in the trilogy of terrorism cases, Rumsfeld v. Padilla, Hamdi v. Rumsfeld, and …

Force Rules, John C. Yoo

John C Yoo

This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …