Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Military, War, and Peace (29)
- International Law (18)
- Social and Behavioral Sciences (17)
- Public Affairs, Public Policy and Public Administration (15)
- Constitutional Law (14)
-
- Defense and Security Studies (13)
- Human Rights Law (12)
- Law and Politics (9)
- Business (8)
- Portfolio and Security Analysis (8)
- President/Executive Department (8)
- Political Science (7)
- American Politics (6)
- International Relations (6)
- Economic Policy (5)
- Legislation (5)
- Civil Rights and Discrimination (4)
- Environmental Law (4)
- Law and Society (4)
- Criminal Law (3)
- First Amendment (3)
- Immigration Law (3)
- Privacy Law (3)
- Rule of Law (3)
- Science and Technology Law (3)
- Admiralty (2)
- Computer Law (2)
- Criminal Procedure (2)
- Institution
-
- Mitchell Hamline School of Law (8)
- University of Michigan Law School (8)
- University of South Florida (8)
- University of Denver (6)
- Georgetown University Law Center (5)
-
- Roger Williams University (4)
- Florida A&M University College of Law (3)
- UIC School of Law (3)
- University of Colorado Law School (3)
- University of Richmond (3)
- Cornell University Law School (2)
- Duke Law (2)
- Notre Dame Law School (2)
- SelectedWorks (2)
- University at Buffalo School of Law (2)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Northwestern Pritzker School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- St. John's University School of Law (1)
- University of Baltimore Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of South Carolina (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- National security (18)
- Terrorism (11)
- Economy (6)
- Human rights (6)
- Torture (6)
-
- Intelligence studies/education (5)
- Terrorists (5)
- United States foreign policy (5)
- Intelligence analysis (4)
- Security studies (4)
- Habeas corpus (3)
- Interrogation (3)
- Security (3)
- War on Terror (3)
- 9-11 (2)
- Armed conflicts (2)
- Bush Administration (2)
- Combatants & noncombatants (International law) (2)
- DHS (2)
- Department of Homeland Security (2)
- Detention (2)
- Due process (2)
- Due process of law (2)
- Guantanamo Bay (2)
- History (2)
- Illegal (2)
- Immigration (2)
- Methodology (2)
- National Security (2)
- Preventive paradigm (2)
- Publication
-
- Journal of Strategic Security (8)
- William Mitchell Law Review (8)
- Human Rights & Human Welfare (6)
- Georgetown Law Faculty Publications and Other Works (5)
- Faculty Scholarship (3)
-
- Publications (3)
- University of Michigan Journal of Law Reform (3)
- University of Richmond Law Review (3)
- All Faculty Scholarship (2)
- Articles (2)
- Cornell Law Faculty Publications (2)
- Faculty Publications (2)
- Florida A & M University Law Review (2)
- Journal Articles (2)
- Law Faculty Scholarship (2)
- Michigan Journal of International Law (2)
- Michigan Law Review (2)
- Sea Grant Law Fellow Publications (2)
- UIC Law Open Access Faculty Scholarship (2)
- Buffalo Public Interest Law Journal (1)
- Dalhousie Law Journal (1)
- David S. Jonas (1)
- Faculty Publications By Year (1)
- Journal Publications (1)
- NULR Online (1)
- Other Scholarship (1)
- Paul Diller (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- Washington International Law Journal (1)
- West Virginia Law Review (1)
- Publication Type
Articles 31 - 60 of 73
Full-Text Articles in National Security Law
Torture, With Apologies, Thomas P. Crocker
Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson
Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson
All Faculty Scholarship
The 'War on Terror' has prompted a great deal of discussion about the use of torture as a means of extracting information from those suspected of having perpetrated past acts of violence or planning future ones. Despite the years that have passed since the attacks of September 11, 2001, for both citizens and government officials there is still a strong tension between the competing emotions of anger, revenge, and desperation; it seems increasingly difficult to adhere to international norms governing a nation's moral and legal obligations to protect its citizens from grave danger while continuing to support individual freedoms. Among …
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
The Cia's Public Operational Files: Accessing Files Exempt From The Cia Information Act Of 1984 Because Of Investigations Into Illegal Or Improper Activity, Hannah H. Bergman
The Cia's Public Operational Files: Accessing Files Exempt From The Cia Information Act Of 1984 Because Of Investigations Into Illegal Or Improper Activity, Hannah H. Bergman
Florida A & M University Law Review
No abstract provided.
Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner
Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner
Sea Grant Law Fellow Publications
No abstract provided.
Reformulating The Nuclear Nonproliferation Regime: Al-Qaeda, Global Terrorism, And The Rogue State Paradigm, David S. Jonas, Christopher Swift
Reformulating The Nuclear Nonproliferation Regime: Al-Qaeda, Global Terrorism, And The Rogue State Paradigm, David S. Jonas, Christopher Swift
David S. Jonas
No abstract provided.
When Congress Passes An Intentionally Unconstitutional Law: The Military Commissions Act Of 2006, Paul Diller
When Congress Passes An Intentionally Unconstitutional Law: The Military Commissions Act Of 2006, Paul Diller
Paul Diller
No abstract provided.
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark
William Mitchell Law Review
No abstract provided.
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
West Virginia Law Review
No abstract provided.
Extraterritorial Reach Of The Great Writ At Common Law: The Constitution Guarantees The Guantanamo Bay Detainees A Right To Habeas Corpus, Abigail S. Kurland
Extraterritorial Reach Of The Great Writ At Common Law: The Constitution Guarantees The Guantanamo Bay Detainees A Right To Habeas Corpus, Abigail S. Kurland
Florida A & M University Law Review
No abstract provided.
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
Articles
Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street comers, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …
Intelligence And Human Rights: A View From Venus, Peter Gill
Intelligence And Human Rights: A View From Venus, Peter Gill
Human Rights & Human Welfare
A review of:
Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.
and
War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.
A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma
A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma
William Mitchell Law Review
No abstract provided.
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy
William Mitchell Law Review
No abstract provided.
A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson
A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson
William Mitchell Law Review
No abstract provided.
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss
William Mitchell Law Review
No abstract provided.
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
William Mitchell Law Review
No abstract provided.
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon
William Mitchell Law Review
No abstract provided.
Trying Terrorists, Brian S. Carter-Stiglitz
Trying Terrorists, Brian S. Carter-Stiglitz
William Mitchell Law Review
No abstract provided.
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Michigan Journal of International Law
This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester
Journal Publications
The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …
Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole
Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole
Georgetown Law Faculty Publications and Other Works
In the 1950s, we were afraid of communism. We were afraid, in particular, of the Soviet Union, the world's second greatest superpower, which was armed with masses of nuclear warheads aimed at all our largest cities. As a result, we fought the Cold War, engaged in espionage, proxy wars, and an arms race. We also took aggressive preventive measures at home. The principal preventive measure of that period was guilt by association. We made it a crime to be a member of the Communist Party, and we created a whole administrative scheme to implement and enforce this notion of guilt …
Less Safe, Less Free: A Progress Report On The War On Terror: Address To The Terrorism & Justice Conference At The University Of Central Missouri, David Cole
Georgetown Law Faculty Publications and Other Works
The Bush Administration since 9-11 has adopted a strategy, which in some sense depends upon the ability to predict with incredible accuracy at what will happen in the future. It was given its name by the U.S. Attorney General during the first Bush Administration, Missouri’s John Ashcroft, who argued that what we need in the wake of 9-11 is a “preventive paradigm.” The argument is understandable: when facing foes who are willing to commit suicide in order to inflict mass casualties on innocent civilians, it is not enough to bring them to justice after the fact. The perpetrators are dead--and …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …
A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker
A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker
Georgetown Law Faculty Publications and Other Works
We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …
The Twenty Year Test: Principles For An Enduring Counterterrorism Legal Architecture, James E. Baker
The Twenty Year Test: Principles For An Enduring Counterterrorism Legal Architecture, James E. Baker
Georgetown Law Faculty Publications and Other Works
The United States faces three enduring terrorism-related threats. First, there is the realistic prospect of additional attacks in the United States including attacks using weapons of mass destruction (“WMD”). Second, in responding to this threat, we may undermine the freedoms that enrich our lives, the tolerance that marks our society, and the democratic values that define our government. Third, if we are too focused on terrorism, we risk losing sight of this century’s other certain threats as well as the capacity to respond to them, including the state proliferation of nuclear weapons, nation-state rivalry, pandemic disease, oil dependency, and environmental …
Torture And The Biopolitics Of Race, Dorothy E. Roberts
Torture And The Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.