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Articles 1 - 19 of 19

Full-Text Articles in Law

Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky Dec 2014

Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii Nov 2014

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

Robert H. Jerry II

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks -- and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are …


Terrorism As An Intellectual Problem, Charles W. Collier Nov 2014

Terrorism As An Intellectual Problem, Charles W. Collier

Charles W. Collier

The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …


Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun Oct 2014

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis Sep 2014

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu Sep 2014

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.


Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future, Broderick C. Grady Sep 2014

Article 5 Of The North Atlantic Treaty: Past, Present, And Uncertain Future, Broderick C. Grady

Georgia Journal of International & Comparative Law

No abstract provided.


Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea Apr 2014

Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea

Fordham Law Review

The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …


The Citizenship Of Others, Muneer I. Ahmad Apr 2014

The Citizenship Of Others, Muneer I. Ahmad

Fordham Law Review

No abstract provided.


Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem Apr 2014

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.


The Boston Bombers, Leti Volpp Apr 2014

The Boston Bombers, Leti Volpp

Fordham Law Review

No abstract provided.


Citizenship And Protection, Andrew Kent Apr 2014

Citizenship And Protection, Andrew Kent

Fordham Law Review

This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.


Editors' Foreword, Editors Apr 2014

Editors' Foreword, Editors

Fordham Law Review

No abstract provided.


Soil And Citizenship, Linda Bosniak Apr 2014

Soil And Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.


Expatriating Terrorists, Peter J. Spiro Apr 2014

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.


Detention After The Aumf, Stephen I. Vladeck Apr 2014

Detention After The Aumf, Stephen I. Vladeck

Fordham Law Review

No abstract provided.


The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies Apr 2014

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.


The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore Jan 2014

The Game Changer: How The P5 Caused A Paradigm Shift In Norm Diffusion Post-9/11, Catherine Moore

All Faculty Scholarship

This Commentary recognizes a policy shift across nations of favoring national security over human rights and argues that smaller states were influenced by the key international decision makers, the Permanent Five Members (P5) of the United Nations Security Council, via norm diffusion. In doing so, it offers an alternative theory for how and why human rights norms have consistently been violated in the pursuit of security. Oppressive regimes have used the term “counterterrorism” or “national security” to justify rights violations because they see larger powers allowing these violations. This Commentary contends that the P5 are responsible for beginning this phenomenon …


Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah Jan 2014

Sinister Translations: Law's Authority In A Post-9/11 World, Jothie Rajah

Indiana Journal of Global Legal Studies

What does the killing and burial of bin Laden tell us about the sites, sources, and nature of law's authority in a post-'9/11' world?1 If law is constituted by "acts of language [that] are actions in the world,'2 then the law embodied by these events is discernible through an analysis of Obama's announcement on the killing of bin Laden. Obama's announcement avoids the term 'law' yet makes present the relationship between 'law,' justice,' legitimacy, and violence. Through critical theory on language, translation, and political myth, this paper explores the translations at work in constructing law's authority for a post-9/11 world. …