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The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy 2014 SelectedWorks

The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy

Samuel W Bettwy

This paper examines and compares, in historical context, the expansion of governmental authority in response to threats of bioterrorism, one of which is aimed directly at people, the other of which is aimed directly at agribusiness. The examination reveals that there is a historical, natural tendency of the executive branch to expand its powers and that the legislative and judicial branches tend to defer to the executive branch during emergencies. The comparison reveals that, although there is such a natural attempt by the executive branch to expand its powers, such expansion has yielded more to concerns over individual rights and ...


‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo 2014 Salve Regina University

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9 ...


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue 2014 Georgetown University Law Center

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of ...


Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker 2014 University of Maryland Francis King Carey School of Law

Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker

Homeland Security Publications

No abstract provided.


Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan 2014 Touro College Jacob D. Fuchsberg Law Center

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.


A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni 2014 College of William & Mary Law School

A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni

William & Mary Bill of Rights Journal

No abstract provided.


Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung 2014 University of Tennessee, Knoxville

Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung

University of Tennessee Honors Thesis Projects

No abstract provided.


The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly 2014 Boston College Law School

The Public Right-To-Know On A Need-To-Know Basis: Striking The Balance Between National Security And Environmental Protection, Brian Reilly

Boston College Environmental Affairs Law Review

Enforcing environmental laws does not immediately appear to be fundamentally inconsistent with maintaining national security. Many people have criticized the Emergency Planning and Community Right to Know Act, however, as potentially placing American citizens at risk of a terrorist attack. This Note discusses the difficulties associated with striking the balance between giving citizens access to important environmental information while limiting terrorists’ ability to misuse that same information. Although this issue is a difficult one on its own, it is compounded by recent developments affecting standing in environmental citizen suits. This Note argues that even if the proper balance is struck ...


Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael DeIulis 2014 Boston College Law School

Nuclear Facility Licensing, Terrorist Threats, And Nepa Section 102(2)(C) Compliance, Michael Deiulis

Boston College Environmental Affairs Law Review

The conflicting decisions for the Courts of Appeals for the Third and Ninth Circuits in New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission and San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, respectively, leave it an open question outside those jurisdictions whether the Nuclear Regulatory Commission (NRC) must account for the environmental impacts of terrorism under the National Environmental Policy Act (NEPA) § 102(2)(C). Courts should follow the Ninth Circuit’s approach of requiring such an analysis because the impacts of terrorism are not too far removed from the underlying agency action. Although programmatic treatment ...


Abidor V. Napolitano: Suspicionless Cell Phone And Laptop Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles MacLean 2014 SelectedWorks

Abidor V. Napolitano: Suspicionless Cell Phone And Laptop Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles Maclean

Adam Lamparello

The article explores the December 31, 2013 Abidor decision where the federal district court upheld the ongoing application of the border search exception as applied to deep, forensic searches of laptops and other digital devices. That exception allows suspicionless searches of any persons, effects, and “closed containers” crossing a border into the United States, and laptops and external hard drives are generally considered “closed containers” under the border search exception. We argue that the border search exception, grounded as it is in pre-digital age fact patterns, should no longer serve as precedent for border searches of the immense memories of ...


What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin 2014 University of Michigan Law School

What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin

University of Michigan Journal of Law Reform

The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be ...


The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall 2014 SelectedWorks

The Civil Codes Of Libya And Syria: Hybridity, Durability, And Post-Revolution Viability In The Aftermath Of The Arab Spring, Dan E. Stigall

Dan E Stigall

The Arab Spring sent shockwaves through the political landscape of the Middle East and North Africa and upended long-standing authoritarian regimes throughout the region in rapid succession. Among the many countries touched by the Arab Spring, however, Libya and Syria have been among the most profoundly impacted, experiencing institutional deficits that complicate efforts to resolve ongoing conflicts and now threaten regional stability.

The effects of such instability pose a threat to the international community, making the stabilization of these countries a matter of international concern. In order to transition from conflict to peace and sustainable development in Libya and Syria ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio 2014 Liberty University

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


The Difference Prevention Makes: Regulating Preventive Justice, David Cole 2014 Georgetown University Law Center

The Difference Prevention Makes: Regulating Preventive Justice, David Cole

Georgetown Law Faculty Publications and Other Works

Since the terrorist attacks of September 11, 2001, the United States and many other countries have adopted a ‘‘paradigm of prevention,’’ employing a range of measures in an attempt to prevent future terrorist attacks. This includes the use of pre textual charges for preventive detention, the expansion of criminal liability to prohibit conduct that precedes terrorism, and expansion of surveillance at home and abroad. Politicians and government officials often speak of prevention as if it is an unqualified good. Everyone wants to prevent the next terrorist attack, after all. And many preventive initiatives, especially where they are not coercive and ...


Leaker Traitor Whistleblower Spy: National Security Leaks And The First Amendment, Mary-Rose Papandrea 2014 Boston College Law School

Leaker Traitor Whistleblower Spy: National Security Leaks And The First Amendment, Mary-Rose Papandrea

Boston College Law School Faculty Papers

The article discusses traitors, national security leaks in the U.S., the First Amendment to the nation's Constitution as of March 32014, focusing on the U.S. Espionage Act and criminal penalties for constitutional treason. The alleged whistleblowers Bradley Manning and Edward Snowden are mentioned, along with prosecutions for criminal security leaks in America. Immunity is examined in relation to U.S. government employees and independent contractors. Freedom of speech rights are also assessed.


The Expense Of Expansion: Judicial Innovation At The Special Tribunal For Lebanon, Erik Stier 2014 Boston College Law School

The Expense Of Expansion: Judicial Innovation At The Special Tribunal For Lebanon, Erik Stier

Boston College International and Comparative Law Review

The Special Tribunal for Lebanon (STL) is a hybrid international tribunal tasked with prosecuting and punishing those responsible for the 2005 bombing that killed former Lebanese Prime Minister Rafik Hariri. As the first international tribunal to try purely domestic crimes, the STL is a unique judicial body that employs a number of novel procedures. One such procedural rule allowed the STL Pre-Trial Judge to submit questions on applicable law to the Appeals Chamber prior to confirming any indictments. Responding in the form of an interlocutory decision, the Appeals Chamber made the groundbreaking assertion that customary international law on terrorism had ...


The Implausibility Of Secrecy, Mark Fenster 2014 University of Florida Levin College of Law

The Implausibility Of Secrecy, Mark Fenster

Faculty Publications

Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events — among them the WikiLeaks episode, the Obama administration’s infamous leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters — undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, and open sources all ...


The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa 2014 Pepperdine University

The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa

Pepperdine Law Review

No abstract provided.


U.S. Judicial Independence: Victim In The “War On Terror” , Wayne McCormack 2014 Washington and Lee University School of Law

U.S. Judicial Independence: Victim In The “War On Terror” , Wayne Mccormack

Washington and Lee Law Review

No abstract provided.


Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart 2014 University of Maryland Francis King Carey School of Law

Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart

Maryland Law Review

No abstract provided.


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