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Trends. Security, Stigma, And Biological Weapons, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the political psychology of security concerns pertaining to unclassified information relating to biological weapons and/or biosecurity and how it might be used to harm US security.

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Maryland Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

Faculty Articles

Both clarity and respect for the rule of law demands that a new executive order on assassination be enacted that properly defines the term “assassination” and is couched in the legal parameters of self-defense. In prosecuting the War on Terror, the United States has confronted myriad issues concerning how best to deal with the new threat of al-Qaida-styled terrorism and those rogue nations that support terrorism. The two principle documents associated with these concerns are the National Security Strategy of the United States of America ("National Security Strategy") released by the White House on September 17, 2002 and Executive Order …

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror, Jeffrey F. Addicott

Faculty Articles

Because of the dangers presented by al-Qaeda style terrorism, the United States has crafted a variety of robust anti-terrorism responses. One of the more controversial of these is the indefinite detention of suspected enemy combatants, and the associated question as to whether the United States can and does employ torture.

Many prominent voices, such as Professor Alan Dershowitz, have advocated a judicial exception allowing torture as an interrogation tool in special instances, but the United States has struggled to find an appropriate balance between civil liberties and security concerns. To succeed in the War on Terror, the U.S. cannot allow …

Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley

Scholarly Works

Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.

International Law: Blaming Big Brother: Holding States Accountable For The Devastation Of Terrorism, Sarah E. Smith

Oklahoma Law Review

No abstract provided.

Exclusion Of Terrorist-Related Harms From Insurance Coverage: Do The Costs Justify The Benefits, Jeffrey E. Thomas

Faculty Works

The September 11 attack was the largest single insured event in history. In the end, insurance companies are expected to pay approximately $50 billion to victims of the attack. In response to the perceived potential of future terrorist losses, many insurers have begun to exclude terrorist-related losses from their policies. In light of the size and uncertainty of future losses, this is understandable. In adopting this approach, however, it appears that little thought has been given to the transaction costs associated with the exclusion. One of the significant contributions of Law and Economics to legal literature has been to illuminate …

The Creation Of A National Information Policy Combating Cyber Terrorism, Daniel A Nick

UNLV Retrospective Theses & Dissertations

The infrastructures of the United States are dependent upon computers. This creates a new threat to the national security of the United States in the form of cyber terrorism; Cyber terrorism is the new type of warfare. It can take a cyber terrorist seconds to break into a computer network, download information, and leave without a trace. There needs to be a comprehensive policy to combat the cyber terrorism threat; The National Information Policy is a set of ideas brought together to combat the threat of a cyber terrorist attack against the infrastructures of the United States. These ideas include: …

International Criminal Law Aspects Of The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the International Criminal Court Review Conference in 2009. The proper disposition of criminal cases against terrorists is linked to the deeper disputes regarding the applicability of the established frameworks for regulating conflicts and the status of those who have no lawful right to wage war, yet choose to conduct hostilities against sovereign states. This article assesses the established frameworks for addressing transnational terrorist acts in which the …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

Development Of A Weapons-Of-Mass-Destruction First-Responders Training Program For Peterson Clinic With Plans For Implementation And Evaluation, Angela M. Thompson

Abraham S. Fischler College of Education ETD Archive

The problem was that there was no valid training program in place to provide the Peterson Clinic first responders with the training they needed to respond effectively to a weapons of mass destruction (WMD) incident involving up to 300 patients. The purpose of this applied dissertation was to develop a WMD First-Responders Training Program for the Peterson Clinic with plans for implementation and evaluation.

A development methodology with a plan to implement and a plan to evaluate was used to complete this project. As a preliminary procedure, the needs assessment methodology was used to determine the training needs of the …

Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin

Faculty Scholarship

This Article addresses the question of whether the money laundering provisions in the Patriot Act will be effective tools in the effort to intercept terrorist financing to prevent future attacks like those suffered on September 11, 2001, or whether the legislation is instead the modern equivalent of a big noisy anti-aircraft gun -- psychologically useful for showing that something is being done, but not very effective in actually doing the task. This Article concludes that the Act's money laundering provisions will not be effective in intercepting terrorist financing. It reaches that conclusion after examining the current state of United States …

Flashman’S Revenge: Central Asia After September 11, Eugene B. Rumer

Strategic Forums

This paper examines the shifting strategic landscape of Central Asia in the aftermath of the September 11, 2001 terrorist attacks and assesses how the United States’ emergence as the preeminent power affects regional politics, security dynamics, and relationships among key Central Asian states. It explores how historical legacies, geopolitical competition, and evolving U.S. policy priorities — particularly those related to counterterrorism and regional access — influence the balance of power in the five Central Asian republics. Drawing on historical context and policy analysis, the author analyzes whether the geopolitical influence of external actors, regional security cooperation, and domestic political considerations …

All Dressed Up And No Place To Go: Why Nato Should Be On The Front Lines In Thewar On Terror, Rebecca Johnson, Micah Zenko

The US Army War College Quarterly: Parameters

No abstract provided.

Hizballah: Terrorism, National Liberation, Or Menace?, Sami G. Hajjar Dr.

Books, Monographs & Collaborative Studies

The author reviews the history of Hizballah since its inception in 1982, and examines its role in the recent political turmoil of Lebanon and the region. Not only is Hizballah's role central in the dispute over the Sheb'a Farms enclave between Lebanon and Israel, it is part of an entangled set of linkages involving Syria, Iran, the United States, the European Union, and the Palestinians. The challenge that Hizballah poses to U.S. policy in the Middle East involves complicated strategic issues, not merely problems of terrorism that could be dealt with by countermeasures.

Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap

International Law Studies

No abstract provided.

Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy

International Law Studies

No abstract provided.

Transnational Terrorism And The Al Qaeda Model: Confronting New Realities, Paul J. Smith

The US Army War College Quarterly: Parameters

No abstract provided.

Facing The Hydra: Maintaining Strategic Balance While Pursuing A Global War Against Terrorism, Conrad C. Crane Dr.

Books, Monographs & Collaborative Studies

The author analyzes the impact of the war on terrorism and the requirements of the 2001 Quadrennial Defense Review on the many essential missions conducted by the U.S. Armed Forces. Focusing primarily on the Army, he highlights the requirements associated with combat operations against terrorists, accelerating transformation and the new emphasis on homeland security and force protection. At the same time, he points out that the Army and the other Services must remain involved worldwide in day-to-day assurance, dissuasion, and deterrence activities; execution of peace operations and other smaller-scale contingencies; and remaining ready for other major combat operations. The author …

Trends. Allies Of Terrorism In The Realm Of Biological Warfare?, Ibpp Editor

International Bulletin of Political Psychology

This article discusses an increase in security regarding food shipment, manufacturing, and processing, as well as corporate lobbyists opposition to it.

Human Rights Policy In The Age Of Terrorism, Juan E. Méndez

Saint Louis University Law Journal

No abstract provided.

Terrorism And The Bill Of Rights, Rodney A. Smolla

Scholarly Articles

In this article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which dealt with a Virginia law that banned cross-burning. While the legal doctrines argued in the Black case were certainly important then, they took on a whole new importance in light of the attacks on September 11, 2001. Professor Smolla discusses whether the terrorist attacks should affect the freedoms of speech and expression in America, concluding that, while horrific and life-changing, the attack on America should not alter our First Amendment rights.

Terrorism And The Bill Of Rights, Rodney A. Smolla

William & Mary Bill of Rights Journal

This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help.

In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …

Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans

Duke Law Journal

No abstract provided.

The Inescapable Global Security Arena, Max G. Manwaring Dr.

Books, Monographs & Collaborative Studies

The author outlines the violent characteristics of the new security-stability environment and briefly examines the problem of terrorism and the related problem of governance. Then he analyzes the complex threat and response situation and outlines a multidimensional response to these problems. Finally, he enumerates some civil-military implications for playing effectively in the contemporary global security arena. His recommendations focus on the interagency and the military in general, and the U.S. Army in particular.

Terrorism, The Use Of Force And International Law After 11 September, Michael Byers

Faculty Scholarship

No abstract provided.

Securing Our Infrastructure: Private/Public Information Sharing, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …