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Full-Text Articles in Rule of Law
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Penn State Journal of Law & International Affairs
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Paul R Rickert
No abstract provided.
Detention Debates, Deborah N. Pearlstein
Detention Debates, Deborah N. Pearlstein
Michigan Law Review
Since the United States began detaining people in efforts it has characterized, with greater and lesser accuracy, as part of global counterterrorism operations, U.S. detention programs have spawned more than 200 different lawsuits producing 6 Supreme Court decisions, 4 major pieces of legislation, at least 7 executive orders across 2 presidential administrations, more than 100 books, 231 law review articles (counting only those with the word "Guantanamo" in the title), dozens of reports by nongovernmental organizations, and countless news and analysis articles from media outlets in and out of the mainstream. For those in the academic and policy communities who …
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 …
Keynote Address, Jeffrey H. Smith
Keynote Address, Jeffrey H. Smith
Michigan Journal of International Law
This afternoon, I want to touch briefly on a number of issues rather than discuss one or two to death. I chose this approach because it seemed an appropriate way to open a conference. I also chose it because I hope I can convince you that intelligence and international law interact in a way that simultaneously strengthens the law and improves intelligence; that law matters, especially in time of war; and that both good intelligence and good law have one common core value: integrity. So that you will have a sense of the perspective that I bring to this, I …
The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker
Georgetown Law Faculty Publications and Other Works
National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.