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Full-Text Articles in National Security Law

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele Jan 2013

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele

Faculty Publications

Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.


U.S. Business: Tort Liability For The Transnational Republisher Of Leaked Corporate Secrets, Richard J. Peltz-Steele Jan 2011

U.S. Business: Tort Liability For The Transnational Republisher Of Leaked Corporate Secrets, Richard J. Peltz-Steele

Faculty Publications

Wikileaks, the web enterprise responsible for the unprecedented publication of hundreds of thousands of classified government records, is reshaping fundamental notions of the freedom of information. Meanwhile more than half of records held by Wikileaks are from the private sector, and the organization has promised blockbuster revelations about major commercial players such as big banks and oil companies. This paper examines the potential liability under U.S. business-tort law for Wikileaks as a transnational republisher of leaked corporate secrets. The paper examines the paradigm for criminal liability under the Espionage Act to imagine a construct of civil liability for tortious interference …


Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko Jan 2010

Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko

Faculty Publications

Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists' extreme human rights violations without violating international humanitarian law.


Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer Jan 2002

Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer

Faculty Publications

This essay explores several dimensions of the debate between security and privacy that accompanies many anti-terrorism and law enforcement proposals.