Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Military, War, and Peace (28)
- 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)
- Internet Law (3)
- Privacy Law (3)
- Rule of Law (3)
- Science and Technology Law (3)
- Admiralty (2)
- Computer Law (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)
- Georgia State University College of Law (2)
- Notre Dame Law School (2)
- SelectedWorks (2)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- St. John's University School of Law (1)
- University at Buffalo 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 (19)
- Terrorism (12)
- 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)
- Faculty Publications By Year (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)
- Journal Publications (1)
- NULR Online (1)
- Paul Diller (1)
- Russell A. Miller (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- Washington International Law Journal (1)
- West Virginia Law Review (1)
- Publication Type
- File Type
Articles 31 - 60 of 74
Full-Text Articles in National Security Law
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.
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
Targeting Terrorists: The Counterrevolution, Paul Rosenzweig
William Mitchell Law Review
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.
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.
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.
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.
Common Ground In The Sky: Extending The 1967 Outer Space Treaty To Reconcile U.S. And Chinese Security Interests, Alex B. Englehart
Common Ground In The Sky: Extending The 1967 Outer Space Treaty To Reconcile U.S. And Chinese Security Interests, Alex B. Englehart
Washington International Law Journal
A storm is brewing 100 kilometers above the Pacific Rim. The early 21st century finds the People’s Republic of China in the throes of astronomical economic growth, national development, and military expansion. The United States, meanwhile, is staunchly determined to develop an effective missile defense system and to extend its military capabilities in space as it pursues its global war on terrorism. China sees U.S. military space activities as a threat and, along with Russia, has pushed hard in recent years for a ban on all space weapons. So far, the United States has been unwilling to negotiate on the …
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.
Trying Terrorists, Brian S. Carter-Stiglitz
Trying Terrorists, Brian S. Carter-Stiglitz
William Mitchell Law Review
No abstract provided.
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.
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.
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.
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.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
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.
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
Michigan Journal of International Law
This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
Publications
The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Faculty Scholarship
Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …
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 …
A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen
A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen
Faculty Publications
Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.
From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …
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 …
Torture And The Biopolitics Of Race, Dorothy E. Roberts
Torture And The Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
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.