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Articles 1 - 8 of 8

Full-Text Articles in National Security Law

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer Aug 2015

Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer

Winston P Nagan

Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …


To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell Nov 2013

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.


The Legal Case Against The Global War On Terror, Mary Ellen O'Connell Nov 2013

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Defending Human Rights In The "War" Against Terror, Douglass Cassel Nov 2013

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Douglass Cassel

No abstract provided.


The United States Supreme Court Rulings Of Detention On "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel Nov 2013

The United States Supreme Court Rulings Of Detention On "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel

Douglass Cassel

No abstract provided.


Don’T Expand The War On Terror, Jennifer Daskal, Stephen Vladeck May 2013

Don’T Expand The War On Terror, Jennifer Daskal, Stephen Vladeck

Jennifer Daskal

Congress should reject open-ended war and embrace a return to peace. Instead of expanding the Authorization for the Use of Military Force, Congress should consider repealing it once the withdrawal of our combat troops from Afghanistan has been completed. Law enforcement, intelligence gathering and other nonmilitary counterterrorism tools ought to be at the forefront of our fight against terrorism.


Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl Jan 2013

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.


The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda Dec 2005

The Detainee Cases Of 2004 And 2006 And Their Aftermath, Ronald D. Rotunda

Ronald D. Rotunda

The War on Terror, more than any other war, involves lawyers. For example, they track down terrorist funding, freeze bank funds, and engage in electronic surveillance. Even more significantly, those whom the military has captured are using the U.S. court system to seek release from their detention. While there are a few cases on this issue going back to the Civil War and World War II, the U.S. Supreme Court has issued major rulings on this question in the last few years. The media and those suing the Government claim that these cases have rejected and dealt severe blows to …