Newsroom: Margulies On Terror Suspect Arrest,
2015
Roger Williams University
Newsroom: Margulies On Terror Suspect Arrest, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome,
2015
The Catholic University of America, Columbus School of Law
Mirandizing Terrorism Suspects? The Public Safety Exception, The Rescue Doctrine, And Implicit Analogies To Self-Defense, Defense Of Others, And Battered Woman Syndrome, Bruce Ching
Catholic University Law Review
In its 1984 decision New York v. Quarles, the Supreme Court announced the public safety exception, under which statements made by un-Mirandized suspects can be admissible when made in response to questions reasonably asked to protect the safety of the arresting officers or the general public. During the investigation of terrorism cases, law enforcement agencies have begun to extend the time of un-Mirandized questioning of suspects, with the hope that courts will find that the public safety exception makes the suspects’ statements admissible in the ensuing prosecutions.
This Article argues that in announcing the public safety exception, …
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad,
2015
University of Amsterdam
Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg
Michigan Telecommunications & Technology Law Review
This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008),
2015
John Marshall Law School
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Kim D. Chanbonpin
No abstract provided.
What Price Security?,
2015
Singapore Management University
What Price Security?, Singapore Management University
Perspectives@SMU
Non-state actors have muddied the global security picture but the fundamental problems remain unchanged from those millenia ago
Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack,
2015
US Army War College
Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack, Amy Zegart
The US Army War College Quarterly: Parameters
No abstract provided.
Intellectual Capital: A Cautionary Note,
2015
US Army War College
Intellectual Capital: A Cautionary Note, Anna Simons
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews,
2015
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Security Assistance In Africa: The Case For More,
2015
US Army War College
Security Assistance In Africa: The Case For More, Kristen A. Harkness
The US Army War College Quarterly: Parameters
No abstract provided.
Kick The Door Down With Airsea Battle…Then What?,
2015
US Army War College
Kick The Door Down With Airsea Battle…Then What?, Martin N. Murphy
The US Army War College Quarterly: Parameters
No abstract provided.
Security Assistance In Africa: The Case For Less,
2015
US Army War College
Security Assistance In Africa: The Case For Less, Kersti Larsdotter
The US Army War College Quarterly: Parameters
No abstract provided.
Intellectual Capital: A Case For Cultural Change,
2015
US Army War College
Intellectual Capital: A Case For Cultural Change, Everett S. P. Spain, J. D. Mohundro, Bernard B. Banks
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor,
2015
SSI
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Has The United States Lost The Ability To Fight A Major War?,
2015
SSI
Has The United States Lost The Ability To Fight A Major War?, Steven Metz
The US Army War College Quarterly: Parameters
No abstract provided.
Beyond Information Sharing: Nato And The Foreign Fighter Threat,
2015
US Army War College
Beyond Information Sharing: Nato And The Foreign Fighter Threat, John R. Deni
The US Army War College Quarterly: Parameters
No abstract provided.
Socio-Cultural Intelligence And National Security,
2015
US Army War College
Socio-Cultural Intelligence And National Security, Robert R. Tomes
The US Army War College Quarterly: Parameters
No abstract provided.
Commentary And Reply,
2015
US Army War College
Commentary And Reply, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
The Sweeping Domestic War Powers Of Congress,
2015
University of Virginia Law School
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
The President's Wartime Detention Authority : What History Teaches Us,
2015
Yale University
The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram
Harvey M. Applebaum ’59 Award
This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …
Discursive Security: F.B.I. Stings And The Nature Of Peace,
2015
Portland State University
Discursive Security: F.B.I. Stings And The Nature Of Peace, Adam Testerman
Dissertations and Theses
The current study utilizes Critical Discourse Analysis and Thematic Analysis to study newspaper coverage of F.B.I. sting operations in The New York Times, Washington Post, and USA Today. F.B.I. sting operations are a modern counter-terrorism policy designed to preempt acts of terrorism. This study develops a theoretical approach to understanding F.B.I. sting operations by reviewing the critique of security. The critique of security suggests that nations construct threats in order to produce and maintain ideological and practical hegemony. Thematic categories of the newspaper discourse are formulated and analyzed in the context of security. The study employs aspects of grounded theory …
