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Articles 1081 - 1110 of 1231
Full-Text Articles in Law
The Insurance Aftermath Of September 11: Myriad Claims, Multiple Lines, Arguments Over Ocurrence Counting, War Risk Exclusions, The Future Of Terrorism Coverage, And New Issues Of Government Role, Jeffrey W. Stempel
Scholarly Works
September 11, 2001, is an unforgettable date for many reasons. In addition to its political, social, and historical importance, it may mark a watershed of insurance history as well. The value of the insurance losses due to the collapse of the World Trade Center (WTC) towers is estimated to total at least $35 billion and perhaps $75 billion. In addition, most of the people killed by terrorism were covered by life insurance. Many business operations were affected, invoking possible business interruption coverage. The airplanes that became weapons of destruction carried passengers whose estates are likely to press claims against the …
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Journal Articles
On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Faculty Articles and Other Publications
For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.
Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …
Quarantine Revision And The Model State Emergency Health Powers Act: Laws For The Common Good, Lorena Matei
Quarantine Revision And The Model State Emergency Health Powers Act: Laws For The Common Good, Lorena Matei
Santa Clara High Technology Law Journal
No abstract provided.
Transitional Justice In Afghanistan: The Promise Of Mixed Tribunals, Laura T. Dickinson
Transitional Justice In Afghanistan: The Promise Of Mixed Tribunals, Laura T. Dickinson
GW Law Faculty Publications & Other Works
In the wake of the September 11th attacks on the World Trade Center and the Pentagon, how to apprehend, question, and punish the perpetrators remains a difficult question to answer. Moreover, the question of where, and how, to try suspects raises a series of deeper questions about the role of criminal accountability in times of conflict and war.
Scholars in the emerging field of transitional justice do not focus on the question of terrorism specifically, however, they study the ways in which societies that are attempting to confront past and lingering mass atrocities do so through a variety of means: …
Facing The Urban Future After September 11, 2001, Richard Briffault
Facing The Urban Future After September 11, 2001, Richard Briffault
Faculty Scholarship
In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …
Using Legal Process To Fight Terrorism: Detentions, Military Commissions, International Tribunals, And The Rule Of Law, Laura T. Dickinson
Using Legal Process To Fight Terrorism: Detentions, Military Commissions, International Tribunals, And The Rule Of Law, Laura T. Dickinson
GW Law Faculty Publications & Other Works
Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite, has swelled. In November 2001, President Bush issued an executive order asserting the authority to use military commissions to try individual terrorism suspects captured by the United States. Such commissions would be conducted unilaterally and would not be required to include procedural safeguards to protect the rights of the accused. This crisis has …
Ordered Liberty And The Homeland Security Mission, James E. Baker
Ordered Liberty And The Homeland Security Mission, James E. Baker
Georgetown Law Faculty Publications and Other Works
This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …
On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, "Agency Capture," And Airline Security , Mark C. Niles
On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, "Agency Capture," And Airline Security , Mark C. Niles
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
Faculty Publications
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 sorted out.
The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith
The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith
Georgetown Law Faculty Publications and Other Works
What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?
This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker
Georgetown Law Faculty Publications and Other Works
The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.
Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii
UF Law Faculty Publications
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 …
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Articles
The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …
The Constitutionality Of Detainment In The Wake Of September 1 Lth, Whitney D. Frazier
The Constitutionality Of Detainment In The Wake Of September 1 Lth, Whitney D. Frazier
Kentucky Law Journal
No abstract provided.
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
UF Law Faculty Publications
This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …
America’S Death Penalty: Just Another Form Of Violence, John Bessler
America’S Death Penalty: Just Another Form Of Violence, John Bessler
All Faculty Scholarship
The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.
Capital Punishment In The Age Of Terrorism, David Bruck
Capital Punishment In The Age Of Terrorism, David Bruck
David I. Bruck
No abstract provided.
Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer
Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer
M. Katherine B. Darmer
In the case of the American Taliban, a plea agreement enabled the courts to avoid deciding difficult questions about the legality of Lindh's confession to authorities, which Lindh argued was made in violation of his Miranda and other rights. This paper points out that questions regarding the legality of interrogation techniques in terrorism investigations will inevitably recur, and argues that there should be a public safety exception to the Edwards rule that normally requres interrogation to cease if a suspect invokes his right to counsel.
Understanding Islam And The Radicals, David F. Forte
Understanding Islam And The Radicals, David F. Forte
Law Faculty Articles and Essays
The United States is in a war, but it is not a war between Islam and the West. Radical Islamic terrorists hijacked four airplanes and killed thousands of innocent Americans on September 11. But their enmity was not just directed against the United States and the civilization it represents. These terrorists also mean, as President Bush made clear in his speech to the Joint Session of Congress recently, to hijack Islam itself and destroy Islamic civilization. In the developing battle on behalf of these two great civilizations, it is imperative that we understand something about the basic traditions of Islam …
Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole
Testimony Before Congress
No abstract provided.
Profiling Profiling And Suicidal Terrorism, Ibpp Editor
Profiling Profiling And Suicidal Terrorism, Ibpp Editor
International Bulletin of Political Psychology
This article describes chronic flaws in developing profiles that are intended to help prevent or minimize suicidal terrorism.
Terrorism And Remorse: Psychology And The Death Penalty, Ibpp Editor
Terrorism And Remorse: Psychology And The Death Penalty, Ibpp Editor
International Bulletin of Political Psychology
This article provides commentary on the forensic psychological task to develop information bearing on penalties for convicted terrorists.
Personology, Profiling, And The Terrorist, Ibpp Editor
Personology, Profiling, And The Terrorist, Ibpp Editor
International Bulletin of Political Psychology
This article identifies problems in common approaches to capturing the psychological essence of the terrorist.
Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor
Trends. A Peculiar Defense Logic: Why Terrorists Should Be Incarcerated Or Killed Without Trial, Ibpp Editor
International Bulletin of Political Psychology
The IBPP editor discusses the logic/rationale behind the idea that convicted terrorists facing the death penalty should neither convicted nor face said penalty given that the soldiers are (or consider themselves to be) soldiers in a war.
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
Michigan Journal of International Law
On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …
Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf
Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf
ILSA Journal of International & Comparative Law
The problem of defining "terrorism" has vexed the international community for years.