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Terrorism

Law and Contemporary Problems

Publication Year

Articles 1 - 8 of 8

Full-Text Articles in Law

Citizenship, Public And Private, Karen Knop Jul 2008

Citizenship, Public And Private, Karen Knop

Law and Contemporary Problems

Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …


The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Jul 2006

The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Law and Contemporary Problems

Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.


Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang Apr 2005

Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang

Law and Contemporary Problems

In the past, the government has avoided accountability for the atrocity of allowing the internment of Japanese Americans during WWII. Kang examines whether the federal judiciary is again shying away from its responsibilities of holding the other branches accountable for their actions as they conduct their war on terror.


White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto Apr 2005

White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto

Law and Contemporary Problems

The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.


Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito Apr 2005

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Law and Contemporary Problems

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.


Walking While Muslim, Margaret Chon, Donna E. Arzt Apr 2005

Walking While Muslim, Margaret Chon, Donna E. Arzt

Law and Contemporary Problems

The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.


The Japanese American Cases, 1942-2004: A Social History, Roger Daniels Apr 2005

The Japanese American Cases, 1942-2004: A Social History, Roger Daniels

Law and Contemporary Problems

Daniels examines the changing reactions of the government and the public to the internment of Japanese Americans during WWII and in the six decades following. Some comparisons can be drawn between this action and the attitudes encountered by the public in the wake of the Sep 11, 2001 terrorist attacks.


The First Amendment In A Time That Tries Men’S Souls, Susan Gellman Apr 2002

The First Amendment In A Time That Tries Men’S Souls, Susan Gellman

Law and Contemporary Problems

Government requests to suspend civil liberties are always rationalized by "crisis." In the aftermath of the terrorist attacks of Sep 11, 2001, not only legal scholars but all Americans wondered what the civil liberties fallout would be. A particular area of concern was, and still is, the First Amendment protections, especially of speech and press.