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Articles 1 - 7 of 7
Full-Text Articles in National Security Law
Threats Against America: The Second Circuit As Arbiter Of National Security Law, David Raskin
Threats Against America: The Second Circuit As Arbiter Of National Security Law, David Raskin
Fordham Law Review
For nearly 100 years, the U.S. Court of Appeals for the Second Circuit has been a leading force in defining and resolving the uniquely thorny issues that arise at the intersection of individual liberty and national security. The court’s decisions in this arena are characterized by its willingness to tackle difficult questions and its skill in balancing the needs of the government with the rights of the accused to ensure fundamental fairness in the ages of espionage and terror.
Bank Liability Under The Antiterrorism Act: The Mental State Requirement Under § 2333(A), Olivia G. Chalos
Bank Liability Under The Antiterrorism Act: The Mental State Requirement Under § 2333(A), Olivia G. Chalos
Fordham Law Review
This Note specifically addresses the jurisdictional split on the mental state requirement necessary to hold a defendant liable under the ATA. This Note explores the current judicial interpretations of the statute and concludes that, as the statute stands, the Second Circuit best interprets the mental state requirement for § 2333(a) claims predicated on a violation of material support laws. This Note proposes, however, that Congress should amend the ATA to clarify the state-of-mind requirement and should only allow for a cause of action where a bank manifests heightened culpability through intentional wrongdoing in the provision of financial services to foreign …
Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann
Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann
Fordham Urban Law Journal
No abstract provided.
Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch
Securing The Smart Grid: Protecting National Security And Privacy Through Mandatory, Enforcable Interoperability Standards, Christopher Bosch
Fordham Urban Law Journal
No abstract provided.
Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey
Detect, Disrupt, And Detain: Local Law Enforcement's Critical Roles In Combating Homegrown Extremism And The Evolving Terrorist Threat, Mitch Silber, Adam Frey
Fordham Urban Law Journal
No abstract provided.
Spatial Terrorism, Dawinder S. Sidhu
Spatial Terrorism, Dawinder S. Sidhu
Fordham Urban Law Journal
Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Fordham Urban Law Journal
No abstract provided.