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Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne Jul 2004

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …


Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner Apr 2004

Hearing The Danger Of An Armed Felon- Allowing For A Detention Hearing Under The Bail Reform Act For Those Who Unlawfully Possess Firearms, Matthew S. Miner

University of Michigan Journal of Law Reform

This Article advocates an interpretation of the Bail Reform Act that affords courts the ability to hold detention hearings in gun crime cases to evaluate defendants' potential danger to the community. According to an interpretation advanced by some courts, gun possession offenses do not constitute "crimes of violence" within the meaning of the Act and therefore those charged with such crimes, even ifth ey have a prior felony conviction, are not subject to pre-trial detention. Arguing against this approach, the Article looks to the Bail Reform Act, the relevant federal case law, and the alarming statistics concerning the growing use …


How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt Mar 2004

How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt

ExpressO

A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.


The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson Mar 2004

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.


Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin Jan 2004

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.


Penal / Sealing The Record: Helping Rehabilitated First-Time Drug Offenders To Get Jobs, Gregory A. Forest Jan 2004

Penal / Sealing The Record: Helping Rehabilitated First-Time Drug Offenders To Get Jobs, Gregory A. Forest

McGeorge Law Review

No abstract provided.


Penal / I Don't Remember Buying A $20,000 Stereo System: Chapters 73 & (And) 468 - An Attempt To Solve The Increasing Problem Of Identity Theft, Christopher L. Brooke Jan 2004

Penal / I Don't Remember Buying A $20,000 Stereo System: Chapters 73 & (And) 468 - An Attempt To Solve The Increasing Problem Of Identity Theft, Christopher L. Brooke

McGeorge Law Review

No abstract provided.


Health And Safety / It's High Time: California Attempts To Clear The Smoke Surrounding The Compassionate Use Act, Tammy L. Mccabe Jan 2004

Health And Safety / It's High Time: California Attempts To Clear The Smoke Surrounding The Compassionate Use Act, Tammy L. Mccabe

McGeorge Law Review

No abstract provided.


Health And Safety / Chapter 406: A Prescription For Relief For Chronic Pain Sufferers Or Improved Accessibility For Drug Abuse?, Saira Din Jan 2004

Health And Safety / Chapter 406: A Prescription For Relief For Chronic Pain Sufferers Or Improved Accessibility For Drug Abuse?, Saira Din

McGeorge Law Review

No abstract provided.


Penal / Chapter 700: "Too Dumb To Die" - Implementing The U.S. Supreme Court's Ban On Executing The Mentally Retarded, Anthony C. Williams Jan 2004

Penal / Chapter 700: "Too Dumb To Die" - Implementing The U.S. Supreme Court's Ban On Executing The Mentally Retarded, Anthony C. Williams

McGeorge Law Review

No abstract provided.


Penal / Territorial Aggression - Expanding California's Penal Code Regarding Assault And Battery Of Code Enforcement Officers, Roy Shannon Jan 2004

Penal / Territorial Aggression - Expanding California's Penal Code Regarding Assault And Battery Of Code Enforcement Officers, Roy Shannon

McGeorge Law Review

No abstract provided.


The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill Jan 2004

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.


Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein Jan 2004

Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein

Animal Law Review

This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.


Continuity Of Congress: A Play In Three Stages, Howard M. Wasserman Jan 2004

Continuity Of Congress: A Play In Three Stages, Howard M. Wasserman

Faculty Publications

No abstract provided.


Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko Dec 2003

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.


Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders Oct 2003

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …


In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith Sep 2003

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.


Session Law 03-087, Florida Senate & House Of Representatives Jan 2003

Session Law 03-087, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Civil / Chapter 842: Another Remedy For Victims Of Gender-Related Violence - Is This Too Much Of A Good Thing?, Bill Diedrich Jan 2003

Civil / Chapter 842: Another Remedy For Victims Of Gender-Related Violence - Is This Too Much Of A Good Thing?, Bill Diedrich

McGeorge Law Review

No abstract provided.


Employment / Protecting Injured Or Ill Peace Officers: Mandating Advanced Disability Payments, Martin Jensen Jan 2003

Employment / Protecting Injured Or Ill Peace Officers: Mandating Advanced Disability Payments, Martin Jensen

McGeorge Law Review

No abstract provided.


Crimes / Weapons Of Mass Destruction: The Changing Threat And Evolving Solution, Kimberly A. Felix Jan 2003

Crimes / Weapons Of Mass Destruction: The Changing Threat And Evolving Solution, Kimberly A. Felix

McGeorge Law Review

No abstract provided.


Crimes / An Act To Increase Penalties For Crimes Of Elder Abuse, Laura Randles Jan 2003

Crimes / An Act To Increase Penalties For Crimes Of Elder Abuse, Laura Randles

McGeorge Law Review

No abstract provided.


Crimes / Who's Listening - Changes In California's Wiretap Statute, Jeff R. Boone Jan 2003

Crimes / Who's Listening - Changes In California's Wiretap Statute, Jeff R. Boone

McGeorge Law Review

No abstract provided.


Business And Professions / Attorney Work Product Crime-Fraud Exception: Chapter 1059, Laura K. Weimer Jan 2003

Business And Professions / Attorney Work Product Crime-Fraud Exception: Chapter 1059, Laura K. Weimer

McGeorge Law Review

No abstract provided.


Crimes / Chapter 254: Closing The Loopholes On Identity Theft, But At What Cost?, Bill Diedrich Jan 2003

Crimes / Chapter 254: Closing The Loopholes On Identity Theft, But At What Cost?, Bill Diedrich

McGeorge Law Review

No abstract provided.


Crimes / Continued Expansion Of The Dna Database: California's Response To September 11th, The, John P. Tribuiano Iii Jan 2003

Crimes / Continued Expansion Of The Dna Database: California's Response To September 11th, The, John P. Tribuiano Iii

McGeorge Law Review

No abstract provided.


Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor Jan 2003

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.


The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.


Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz Jan 2003

Homeland Security, Pesticide Regulation And Common Household Chemicals: Are We Adequately Protecting All Our Sources, Leticia M. Diaz

Faculty Scholarship

In the aftermath of the terrorist attacks of September 11, 2001, legislators, business owners, consumers and everyday citizens, all with a view of how to protect our interests, voiced their opinions on how to improve national security with patriotic zest. FIFRA's main purpose is to ensure federal regulation of pesticide distribution and use. This power is of particular importance given the terroristic threat of possible chemical warfare. Chemical professionals were cognizant of the importance of site security even prior to the September 11th terrorist attacks. With respect to the risk of terrorist attacks using pesticides or other chemical agents, EPA …