Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (428)
- National Security Law (320)
- Military, War, and Peace (295)
- Criminal Law (166)
- Human Rights Law (156)
-
- Constitutional Law (148)
- Social and Behavioral Sciences (128)
- Public Affairs, Public Policy and Public Administration (83)
- Comparative and Foreign Law (81)
- Political Science (72)
- International Humanitarian Law (68)
- Civil Rights and Discrimination (63)
- Terrorism Studies (62)
- Criminal Procedure (61)
- Law and Society (57)
- International Relations (53)
- Law and Politics (53)
- Immigration Law (51)
- President/Executive Department (50)
- Peace and Conflict Studies (48)
- Courts (43)
- Legislation (43)
- Arts and Humanities (37)
- First Amendment (32)
- International and Area Studies (32)
- Defense and Security Studies (31)
- Jurisdiction (29)
- Jurisprudence (28)
- Legal History (26)
- Institution
-
- Selected Works (112)
- SelectedWorks (82)
- University of Michigan Law School (80)
- American University Washington College of Law (40)
- Fordham Law School (38)
-
- Georgetown University Law Center (34)
- Case Western Reserve University School of Law (28)
- University of Denver (27)
- Duke Law (26)
- Maurer School of Law: Indiana University (25)
- Pace University (24)
- U.S. Naval War College (23)
- University of Miami Law School (23)
- Embry-Riddle Aeronautical University (22)
- University of Georgia School of Law (21)
- Cornell University Law School (20)
- Roger Williams University (20)
- University of Maryland Francis King Carey School of Law (19)
- Vanderbilt University Law School (18)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (17)
- New York Law School (16)
- BLR (14)
- George Washington University Law School (14)
- Notre Dame Law School (14)
- Nova Southeastern University (14)
- St. Mary's University (14)
- University of San Diego (13)
- William & Mary Law School (13)
- Golden Gate University School of Law (12)
- Penn State Law (12)
- Publication Year
- Publication
-
- Faculty Scholarship (41)
- Articles (35)
- Michigan Journal of International Law (34)
- Georgetown Law Faculty Publications and Other Works (29)
- Human Rights & Human Welfare (26)
-
- Fordham Law Review (25)
- Scholarly Works (25)
- Journal Articles (24)
- Faculty Publications (23)
- International Law Studies (23)
- Articles in Law Reviews & Other Academic Journals (19)
- International Bulletin of Political Psychology (19)
- Michigan Law Review (19)
- Georgia Journal of International & Comparative Law (16)
- Law Faculty Scholarship (16)
- Case Western Reserve Journal of International Law (14)
- ExpressO (14)
- GW Law Faculty Publications & Other Works (14)
- Indiana Law Journal (13)
- Pace Law Review (13)
- Vanderbilt Journal of Transnational Law (13)
- All Faculty Scholarship (12)
- Cornell International Law Journal (12)
- ILSA Journal of International & Comparative Law (12)
- San Diego International Law Journal (12)
- Department of Justice Studies Faculty Scholarship and Creative Works (11)
- NYLS Law Review (11)
- Villanova Law Review (11)
- Faculty Articles (10)
- Elisabeth Haub School of Law Faculty Publications (9)
Articles 1 - 30 of 1186
Full-Text Articles in Law
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?
The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.
This work analyzes the interaction between the Chinese government …
Digital Terror Crimes, Cody Corliss
Digital Terror Crimes, Cody Corliss
Law Faculty Scholarship
Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.
This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …
Piercing The Shield Of U.C.C. Article 4a: Estate Of Levin V. Wells Fargo Bank’S, Implications For Terrorism Victims’ Attachment Of Blocked Electronic Wire Transfers Originating From State Sponsors Of Terrorism, Olivia Lu
University of Miami Business Law Review
This Piece examines how ambiguity in the property interests that would be subject to attachment under section 201 of the Terrorism Risk Insurance Act (“TRIA”) and section 1610(g) of the Foreign Sovereign Immunities Act (“FSIA”) has affected efforts by victims of terrorism to fulfill their monetary judgments, especially in light of courts’ use of Article 4A of the Uniform Commercial Code to fill the definitional gap. This Piece focuses on a recent D.C. Circuit decision, Estate of Levin v. Wells Fargo Bank, N.A., analyzing its implications for terrorism victims holding monetary judgments to attach blocked electronic funds transfers (“EFTs”) originating …
A Right Without A Remedy: How One Cincinnatian's Story Illustrates Terrorism Victims' Inability To Obtain Compensation Under The Foreign Sovereign Immunities Act, Christopher T. Colloton
A Right Without A Remedy: How One Cincinnatian's Story Illustrates Terrorism Victims' Inability To Obtain Compensation Under The Foreign Sovereign Immunities Act, Christopher T. Colloton
University of Cincinnati Law Review
No abstract provided.
Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan
Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …
Activist Extremist Terrorist Traitor, J. Richard Broughton
Activist Extremist Terrorist Traitor, J. Richard Broughton
St. John's Law Review
(Excerpt)
Abraham Lincoln had a way of capturing, rhetorically, the national ethos. The “house divided.” “Right makes might” at Cooper Union. Gettysburg’s “last full measure of devotion” and the “new birth of freedom.” The “mystic chords of memory” and the “better angels of our nature.” “[M]alice toward none,” “charity for all,” and “firmness in the right.” But Lincoln not only evaluated America’s character; he also understood the fragility of those things upon which the success of the American constitutional experiment depended, and the consequences when the national ethos was in crisis. Perhaps no Lincoln speech better examines the threats to …
One Treaty To Apply Them All? Defining Maritime Terrorism By Cross-References And Reservations: The Asean Region Example, Arron N. Honniball
One Treaty To Apply Them All? Defining Maritime Terrorism By Cross-References And Reservations: The Asean Region Example, Arron N. Honniball
International Law Studies
Defining terms will shape a State’s treaty obligations, the domestic legislation necessary, the availability of cooperative mechanisms, and norm diffusion. Maritime terrorism is an umbrella term referring to the piecemeal approach of treaties creating offenses for identified acts at sea. Further treaties cross-reference the offenses in a selection of global instruments to create related offenses. This includes financing of terrorism (Convention for the Suppression of the Financing of Terrorism (ICSFT)) and regional maritime terrorism (ASEAN Convention on Counter Terrorism (ACCT)). All cross-referenced instruments shall apply to define ICFST or ACCT offenses unless a State excludes, by reservation, a cross-referenced instrument …
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Pepperdine Law Review
The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …
Sb 44 - Expanding The Street Gang Terrorism And Prevention Act, Aaron L. Brown, Anna C. Dillon
Sb 44 - Expanding The Street Gang Terrorism And Prevention Act, Aaron L. Brown, Anna C. Dillon
Georgia State University Law Review
The Act enhances penalties for violations of the Street Gang Terrorism and Prevention Act, including imposing mandatory minimums, and preserves the State’s right to appeal a court’s deviation from the mandatory minimum sentencing guidelines provided in the Act. The Act also imposes limits on the use of unsecured judicial release.
The War On Terror & Vigilante Federalism, Maryam Jamshidi
The War On Terror & Vigilante Federalism, Maryam Jamshidi
Publications
No abstract provided.
Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos
San Diego International Law Journal
The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …
Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz
Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz
Journal of Civil Rights and Economic Development
(Excerpt)
January 6, 2021. A day that “will live forever in infamy.” That day marked the first breach of the United States Capitol Building since 1814—and the second breach ever in American history (the first was during the War of 1812). Five people lost their lives that day and many more were injured in an unprecedented attack on American democracy. Yet, social media records show that “there were no surprises” as to what insurrectionists did on that infamous day.
The plan to “storm the Capitol” began on less-trafficked social media sites, the “darker or more-obscure corners of the internet,” including …
Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk
Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk
Graduate Theses and Dissertations
Terrorism has been on the mind of the American people and politicians alike since the 9/11 attacks over two decades ago. In the years since, there has been a massive shift in law enforcement priorities from community-oriented policing (COP) to homeland security-oriented policing. This was especially evident in the establishment of the Department of Homeland Security (DHS) shortly after the attacks on the World Trade Center and Pentagon in 2001, which was established to aid law enforcement entities with terrorism preparedness. While prior literature has addressed a variety of factors that have contributed to terrorism preparedness, very little research has …
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
Immigration and Human Rights Law Review
For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …
Compensation For Victims Of Terrorist Crimes Comparative Study, Ibrahim Suleiman Alqatawneh
Compensation For Victims Of Terrorist Crimes Comparative Study, Ibrahim Suleiman Alqatawneh
AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون
This study dealt with compensation for victims of terrorist crimes, in UAE legislation compared to French legislation, the United Arab Emirates has issued advanced laws to combat terrorism, and it is related to three basic texts contained in Federal Decree Law No. 1 of 2004 in the matter of combating terrorist crimes and Federal Law No. 7 issued In 2014, especially since terrorist crime causes loss of life and property, and destabilizes peace and tranquility within societies. Confronting this phenomenon has become the most prominent challenge for the international community, and its study is receiving increasing attention by researchers. This …
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia
Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …
Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan
Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan
Canadian Journal of Law and Technology
Post 9/11, where the current social and cultural temperature has constructed Islam as interchangeable with terrorism, digital intermediaries have responded with increased censorship of speech related to, emerging from, or advocating Islamic ideology. At the heart of this paper is the argument that digital intermediaries have relied on the opaqueness of machine learning technology (‘‘MLT”) to realize racialized surveillance, whereby speech concerning Islamic content has been disproportionally censored. This paper maps out how inherent biases concerning the ideology of Islam have been interwoven into the coding and machine learning used by the major tech giants. As a result of the …
The World Of Private Terrorism Litigation, Maryam Jamshidi
The World Of Private Terrorism Litigation, Maryam Jamshidi
UF Law Faculty Publications
Since 9/11, private litigants have been important players in the “fight” against terrorism. Using several federal tort statutes, these plaintiffs have sued foreign states as well as other parties, like non-governmental charities, financial institutions, and social media companies, for terrorism- related activities. While these private suits are meant to address injuries suffered by plaintiffs or their loved ones, they often reinforce and reflect the U.S. government’s terrorism-related policies, including the racial and religious discrimination endemic to them. Indeed, much like the U.S. government’s criminal prosecutions for terrorism-related activities, private terrorism suits disproportionately implicate Muslim and/or Arab individuals and entities while …
Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román
Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román
University of Miami International and Comparative Law Review
“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”1
President Donald Trump
“Thousands of criminal aliens. They’re pouring into our country.”2
President Donald Trump
“They’re not people, these are animals.”3
President Donald Trump
“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”4
President Donald Trump
“ [We] have millions and millions of people …
Islamist Terrorism And The Classical Islamic Law Of War, Joseph Hoelz
Islamist Terrorism And The Classical Islamic Law Of War, Joseph Hoelz
International Law Studies
Islamist terrorists have had a large influence on U.S. foreign and domestic policy for more than twenty years, and yet policy makers, legal practitioners, and the public know very little about what motivates these violent extremist organizations. A primary unifying principle among the various Islamist terrorist groups is their desire to return to a religiously ordered State, justified and based upon their interpretation of the Shari’a, or Islamic law. This article explores the Islamist terrorist interpretation of Shari’a law and how it generally contradicts that of mainstream Islamic scholars. The article begins with a review of the primary and secondary …
National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson
National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson
Utah Law Review
Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily …
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene K B Tan, Associate Professor of Law at the Yong Pung How School of Law, Singapore Management University, considers Singapore’s response to the threat of terrorism following 9/11. This essay is based on an article published in the journal, Law and Policy (2009).
Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan
Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan
Faculty Scholarship
The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and apparent motivation of the perpetrators, who are often killed in the process by themselves or law enforcement officers. Many acts of mass violence are committed by individuals confirmed to be terrorists, acting with political or religious-political motivations. Others are assumed to be committed by individuals acting …
Late Xx Century – Early Xxi Century Geopolitical View Of The Asian Region, Rano Almamatovna Tuychiyeva
Late Xx Century – Early Xxi Century Geopolitical View Of The Asian Region, Rano Almamatovna Tuychiyeva
Scientific reports of Bukhara State University
Introduction. Describe the geopolitical structure of the Asian region - to cover political, economic, social, cultural and ethnic issues in East Asia, Southeast Asia (the main part of the Asia-Pacific region), South Asia, the Indian Ocean region, Central Asia and the Middle East. The number of dedicated scientific publications is significantly exceeding the number and volume of similar texts being written about other regions of the world. A review of Asian security shows that security concerns have spread throughout Asia. At the same time, such problems also have a significant negative impact on mutual economic, trade and investment relations. Research …
Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden
Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron
China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron
Honors Theses
This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Undergraduate Honors Theses
Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …