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Articles 1141 - 1170 of 1231
Full-Text Articles in Law
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
St. Mary's Law Journal
This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …
Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan
St. Mary's Law Journal
Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
David B Kopel
Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.
Products Liability: Terrorist Bombs And Strict Liability--A Volatile Formula For Fertilizer Makers?, Walter D. Miller
Products Liability: Terrorist Bombs And Strict Liability--A Volatile Formula For Fertilizer Makers?, Walter D. Miller
Oklahoma Law Review
No abstract provided.
Landowner Liability For Terrorist Acts ?, Melinda L. Reynolds
Landowner Liability For Terrorist Acts ?, Melinda L. Reynolds
Case Western Reserve Law Review
No abstract provided.
The Meaning Of Terrorism--Jurisprudential And Definitional Clarifications, Louis R. Beres
The Meaning Of Terrorism--Jurisprudential And Definitional Clarifications, Louis R. Beres
Vanderbilt Journal of Transnational Law
This Article examines contemporary definitions of terrorism and determines that they are inadequate. The author describes five specific types of problems with current definitions and offers an appropriate scholarly remedy. This Article concludes, inter alia, that the United States should reject narrow, geopolitical definitions of terrorism. Instead, it should articulate and apply a single unambiguous standard that incorporates the requirements of just cause and just means. Absent evidence of these two elements, the insurgent use of force should be regarded as terrorism. This clearer and more objective definition will enable the United States to approach and address adversarial uses of …
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
The Lockerbie Incident Cases: Libyan-Sponsored Terrorism, Judicial Review And The Political Question Doctrine, Scott S. Evans
The Lockerbie Incident Cases: Libyan-Sponsored Terrorism, Judicial Review And The Political Question Doctrine, Scott S. Evans
Maryland Journal of International Law
No abstract provided.
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Michigan Journal of International Law
Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras
Articles
No abstract provided.
Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum
Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum
Michigan Journal of International Law
Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Indiana Law Journal
No abstract provided.
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
Protecting The Rule Of Law From Assault In The War Against Drugs And Narco-Terrorism, Bruce Zagaris
Protecting The Rule Of Law From Assault In The War Against Drugs And Narco-Terrorism, Bruce Zagaris
Nova Law Review
This paper discusses the rule of law under attack in the context of
international narcotics trafficking and narco-terrorism.
Terrorism In National And International Law, Caleb M. Pilgrim
Terrorism In National And International Law, Caleb M. Pilgrim
Penn State International Law Review
Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …
Bearing Witness: The Art And Science Of Human Rights Fact-Finding, Diane Orentlicher
Bearing Witness: The Art And Science Of Human Rights Fact-Finding, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
Scholarly Works
Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Scholarly Works
In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.
The Application Of Rico To International Terrorism, Zvi Joseph
The Application Of Rico To International Terrorism, Zvi Joseph
Fordham Law Review
No abstract provided.
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.
The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch
The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch
Dalhousie Law Journal
In February and March 1988, two diplomatic conferences were convened under the auspices of the International Civil Aviation Organization (hereinafter referred to as "ICAO") and the International Maritime Organization (hereinafter referred to as "IMO") respectively, to develop new instruments aimed at preventing and punishing terrorist acts not covered by previous conventions. On 21 February, the ICAO Conference adopted by consensus the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971 (hereinafter …
The Status Of Treaties In United States Law - Reexamining The Last In Time Rule In Light Of United States V. Palestine Liberation Organization, Kevin T. Mulhearn
The Status Of Treaties In United States Law - Reexamining The Last In Time Rule In Light Of United States V. Palestine Liberation Organization, Kevin T. Mulhearn
Villanova Law Review
No abstract provided.
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Terrorism, Law, And Our Constitutional Order, Christopher L. Blakesley
Scholarly Works
We have all suffered moments of vicarious terror over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. There, some institution, government, or group used innocent children, women, and men as fodder for their “war.” Some have claimed that the pusillanimous carnage was in retaliation for the slaughter of equivalent innocents aboard the Iranian Air Bus, similarly destroyed by American forces during the summer of 1988. Others suggested that it was committed by those interested in thwarting prospects of peace in the Middle East.
United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne
United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne
Michigan Journal of International Law
This Note concludes that while the court's rationale is disingenuous and misleading, the final decision was an appropriate reaffirmation of the importance which American jurisprudence places on international obligations. In Part One, this Note discusses whether the dispute resolution provisions of the Headquarters Agreement precluded the district court's jurisdiction over the parties and subject matter of this case. Part Two examines the constitutional hierarchy of the ATA and the Headquarters Agreement to determine which should govern this dispute. If the court had concluded that it lacked jurisdiction, the case would have been dismissed from the U.S. court system, leaving the …
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich
Articles
No abstract provided.
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
The Anti-Terrorism Act Of 1987 And American Freedoms: A Critical Review, Lance A. Harke
University of Miami Law Review
No abstract provided.
Terrorism As An International Crime: Questions Of Responsibility And Complicity, Sompong Sucharitkul
Terrorism As An International Crime: Questions Of Responsibility And Complicity, Sompong Sucharitkul
Publications
Terrorism is a phenomenon in the contemporary world which occupies the attention of the international community. Terrorism as an international crime is readily more comprehensible and susceptible of clearer definition than sheer acts of terrorism by whomsoever performed. This paper is confined to questions of responsibility and complicity in connection with terrorism as an international crime, whatever the definition is ultimately adopted of "terrorism," and whatever the meaning to be ascribed to an "international crime."