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Articles 1 - 15 of 15
Full-Text Articles in Defense and Security Studies
Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia
Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.
Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso
Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso
Department of Justice Studies Faculty Scholarship and Creative Works
Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: Automating Police, Francesca Laguardia
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia
Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
The use of torture in the War on Terror reinvigorated a longstanding debate about how to prevent such human rights violations, and whether they should be criminalized. Using US history as a case study, this article argues that the criminal sanction is likely to be more successful in preventing such abuses than many other often suggested methods. Analyzing thousands of pages of released government documents as an archive leads to the counterintuitive finding that torturers were often deterred, at least momentarily, by fear of criminal liability, and would have been successfully deterred if not for the lack of prior prosecutions.
When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books., Bond Benton, Daniela Peterka-Benton
When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books., Bond Benton, Daniela Peterka-Benton
Department of Justice Studies Faculty Scholarship and Creative Works
Superhero comic book characters have historically engaged issues of social concern. From Superman’s opposition to the Ku Klux Klan in 1947 (Bowers, 2011) to Captain America’s acceptance of a gay soldier in 1982 (Witt, Sherry, & Marcus, 1995) to Batman’s stance against landmines in 1996 (O’Neil, 1996), stories involving superheroes have frequently demonstrated a developed social awareness on national and international problems. Given that the audience for superhero characters is often composed of young people, this engagement has served as a vehicle for raising understanding of issues and as tool for encouraging activism on the part of readers (McAllister, 1992; …
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
This article is an attempt to comprehend the bureaucratic phenomenon of the deathwatch, the last 24 hours of a prisoner’s life, stressing the theoretical applications scholars can make to the study of docile bodies on death row. Because years of work are necessary to obtain obedience from condemned inmates, health care professionals lend more than an aura of legitimacy to the capital punishment process. As an integral part of the prison and capital punishment, they provide stability, reliability, and the means to achieve the goals of peaceful executions. The ultimate objective of utilizing health care professionals is the sanitization of …
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Department of Justice Studies Faculty Scholarship and Creative Works
The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late …