National Security Commons^™

Islamic History & Al-Qaeda: A Primer To Understanding The Rise Of Islamist Movements In The Modern World, Andrew M. Bennett

Pace International Law Review Online Companion

A decade following the 9/11 attacks, the objectives and motivations of Osama Bin Laden and Al-Qaeda remain largely unknown to the American public. Since the mission of Al-Qaeda is embedded in its interpretation of the history and traditions of Islam, increased analysis on the intellectual framework of Al-Qaeda provides valuable insight into this dangerous ideology that will remain a strategic threat to the United States for the foreseeable future. While more recent successes against the Al-Qaeda organization have encouraged talk of “the end of Al-Qaeda,” the broader ideology remains alive and well. The rise in support for the Islamist ...

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele

Faculty Publications

Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.

Acting To Address The Ocean-Related Impacts Of Climate Change On Human And National Security, With Recommendations For Priority Actions Drawn From The Discussions Of The Global Conference On Oceans, Climate And Security At The University Of Massachusetts Boston, Robbin Peach, Felix Dodds, Michael Strauss, Collaborative Institute For Oceans, Climate And Security, University Of Massachusetts Boston

Collaborative Institute for Oceans, Climate and Security Publications

In the course of the past calendar year the United States has been struck by a series of droughts, tornadoes, hurricanes, blizzards, wildfires, and floods whose size and path of resulting damage defy previously established patterns. The U.S. thus joins nations on every continent that have increasingly experienced extreme and extremely damaging weather events over the past two decades.

At the same time, the world’s oceans have been exhibiting a less-visible but equally dangerous sequence of temperature rise, acidification increase, fish kills, coastal erosion, salinity shifts, algae blooms, and steady decreases in commercially available fish and shellfish species ...

Formalism And State Secrets, Sudha Setty

Faculty Scholarship

The state secrets privilege has received a tremendous amount of scholarly attention in the U.S. in the last decade. In September 2009, the Obama administration created a new policy that mandated a more rigorous internal administrative review prior to invoking the state secrets privilege. It appears as though this internal review process has resulted in little difference with regard to the invocation of the privilege at the pleadings stage in cases that allege torture and other human rights abuses. This chapter of the forthcoming comparative law volume Secrecy, National Security and the Vindication of Constitutional Law (David Cole, Federico ...

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

Food Defense Among Meat Processing And Food Service Establishments In Kentucky, Morgan Webb-Yeates

Masters Theses & Specialist Projects

Agroterrorism is the deliberate introduction of a plant or animal disease with the
goal of causing fear, economic instability, illness, or death. After the 2002 terrorist
attacks on the World Trade Center, the security of the food supply is of increasing
concern to the United States. A major incidence of agroterrorism or food tampering would have far reaching impacts on the economy and public health. The first objective of this project was to determine knowledge and concern of agroterrorism in meat processing facilities in Kentucky, and to determine knowledge and concern of food tampering and food defense in food service ...

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.

A Commission On A Cyber Mission, Adrian Wilairat

Journal of Business & Technology Law

No abstract provided.

Novel Materials For Use In Homeland Security Research, Jason Osgood Ewen Young

Masters Theses & Specialist Projects

Organometallic pyridazines and compounds derived from them have been of interest in polymer research due to their atypical environmental stability (as compared to other non-aromatic organic semiconductors) as well as their conductivity. The off-metal synthesis and characterization of several pyridazyl thallium, manganese, and rhenium complexes, beginning with fulvenes 1,2- C5H3(COHR)(COR), are reported here. The diacyl fulvenes were treated with hydrazine hydrate to ring close to pyridazines. Next, the pyridazines were converted to their respective thallium salts through treatment with thallium (I) ethoxide. Lastly, the salts were transmetallated into the respective rhenium or manganese complexes through treatment with ...

Resurrection Of Reynolds: 1974 Amendment To National Defense And Foreign Policy Exemption, Rex J. Zedalis

Pepperdine Law Review

No abstract provided.

An Ever Closer Union: The European Security And Defense Policy And The Development Of Hard Power Capabilities In The European Union, Daniel Stepanicich

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Australia's Views On Global Summitry: The Case Of The G20, Melissa Conley Tyler

Global Summitry Journal

When Australia announced in 2010 that it would become a member of the Asia Europe Meeting (ASEM), I sought out one’s of Australia’s leading experts on Australia-Europe relations, Professor Philomena Murray. I asked her why she thought Australia was pushing to become a member of ASEM after previous unsuccessful attempts. Her view: Australia is “a joiner.”

This appears to be a fair statement of Australia’s current approach to global summitry, a pattern begun during former Prime Minister Kevin Rudd’s tenure and still very much pursued under the leadership of the current Prime Minister Julia Gillard. To ...

Breaking The Mexican Cartels: A Key Homeland Security Challenge For The Next Four Years, Carrie F. Cordero

Georgetown Law Faculty Publications and Other Works

Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. And this figure does not even include the nearly 40,000 Americans who die each year from using illegal drugs, much of which is trafficked through the U.S.-Mexican border. The death toll is only part of the story. The rest includes the terrorist tactics used by cartels to ...

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT ...

Witness History As Juries Become History: How The Eleventh Circuit Allowed The Opinions Of Lay Witnesses To Overtake The Duty Of The Jury In United States V. Jayyousi, Emily Jennings

Boston College Law Review

On September 19, 2011, in United States v. Jayyousi, the U.S. Court of Appeals for the Eleventh Circuit held that an FBI agent’s testimony regarding his post-hoc review of investigation materials was admissible as lay opinion testimony under Rule 701 of the Federal Rules of Evidence. In so holding, the Eleventh Circuit joined a minority of courts in adopting the most liberal interpretation of the Rule 701 perception and helpfulness requirements. This Comment argues that the Eleventh Circuit erred in adopting the most liberal interpretation of Rule 701 and that only by adopting the strictest interpretation can the ...

On The Conflation Of The State Secrets Privilege And The Totten Doctrine, D. A. Jeremy Telman

Law Faculty Publications

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to challenge abuses of executive power in the context of the War on Terror. The Supreme Court first embraced and gave shape to the SSP as an evidentiary privilege in a 1953 case, United States v. Reynolds. Increasingly, the government relies on the SSP to seek pre-discovery dismissal of suits alleging torts and constitutional violations by the government. Lower federal courts have permitted such pre-discovery dismissal because they have confused the SSP with a non-justiciability doctrine derived from an 1875 case, Totten v. United States. The ...

Clark V. Martinez: Striking A Balance Between United States Security And Due Process Rights Of Illegal Immigrants, Michelle Mitsuye Shimasaki

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Great Accountability Should Accompany Great Power: The Ecj And The U.N. Security Council In Kadi I & Ii, Vanessa Arslanian

Boston College International and Comparative Law Review

Over a decade ago, the United Nations (UN) Security Council added Yassin Abdullah Kadi’s name to a list of hundreds of individuals suspected of associating with Al-Qaida and the Taliban. The Security Council directed UN Member States to freeze the listed individuals’ assets and to limit their travel. The Council of the European Union (EC) subsequently passed regulations giving direct effect to the UN sanctions regime. In 2008, the European Court of Justice (ECJ) annulled one such implementing regulation, but assigned responsibility for remedying considerable due process defects inherent in the regime to Community institutions rather than the UN ...