Responses To The Ten Questions, 2010 Mitchell Hamline School of Law
Responses To The Ten Questions, Timothy Lynch
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, 2010 Mitchell Hamline School of Law
Responses To The Ten Questions, Gregory S. Mcneal
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, 2010 Mitchell Hamline School of Law
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
Foreign Public Opinion And National Security, 2010 Mitchell Hamline School of Law
Foreign Public Opinion And National Security, Dakota S. Rudesill
William Mitchell Law Review
No abstract provided.
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, 2010 Mitchell Hamline School of Law
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions, 2010 Mitchell Hamline School of Law
Responses To The Ten Questions, Edward B. Macmahon Jr.
William Mitchell Law Review
No abstract provided.
How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, 2010 Allard School of Law at the University of British Columbia
How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold
All Faculty Publications
Over the past decade it has become increasingly common to speak of the emergence of a surveillance society. Surveillance is an almost inescapable part of 21st century life. There is a very real danger that individual privacy - as it is currently understood - may soon become a thing of the past. Some would argue privacy is already dead and we have no choice but to accept our newly transparent lives. For many, surveillance has become part of daily life during visit banks, stores, shopping malls, and many public streets and parks. Travel through airports subjects our bodies to physical …
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, 2010 University of Florida Levin College of law
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens
UF Law Faculty Publications
Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering office, President Obama …
National Security And The Shadows Of Judicial "Common Sense", 2010 Benjamin N. Cardozo School of Law
National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert
Articles
No abstract provided.
Placing Your Faith In The Constitution, 2010 University of Colorado Law School
Placing Your Faith In The Constitution, Harold H. Bruff
Publications
No abstract provided.
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, 2010 University of Pittsburgh School of Law
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Articles
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …
American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, 2010 Duke Law School
American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.
Faculty Scholarship
“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide much comfort …
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, 2010 Duke Law School
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Ten Questions On National Security, 2010 Southern Methodist University, Dedman School of Law
Ten Questions On National Security, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This essay was written in response to an invitation by the editors of the William Mitchell Journal of the National Security Forum to answer one or more of ten questions concerning national security law and policy. This essay provides the author's answer to the question: "Would President Obama have the authority to hold a United States citizen without charge in a military brig for six months if that citizen - who lives in Minnesota - is suspected of links to al Qaeda following a one-month trip to Somalia?"
Exporting U.S. Criminal Justice, 2010 Georgetown University Law Center
Exporting U.S. Criminal Justice, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …
The Structure Of Terrorism Threats And The Laws Of War, 2010 Columbia Law School
The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman
Faculty Scholarship
This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …
The Choice Of Law Against Terrorism, 2010 Notre Dame Law School
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
Journal Articles
The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, 2009 Ohio Northern University
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, …
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, 2009 Chicago-Kent College of Law
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
Bartram Brown
Jfk, Berlin, And The Berlin Crises, 1961-63, 2009 Research Center Resistance History German Resistance Memorial Center
Jfk, Berlin, And The Berlin Crises, 1961-63, Robert G. Waite
Robert G. Waite
Already before his inauguration, JFK began to focus on Berlin and the tension with the Soviet block over the status of this divided city. While President, JFK took forceful steps to reassure our allies and the American public that this nation stood by the post-war settlement. The handling of the crises that flared up reveal much about JFK's art of diplomacy and style of leadership.