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Gold & Blue, Fall/Winter 2002, St. Mary's University- San Antonio, Texas

Gold & Blue

This is the Fall/Winter 2002 edition of Gold & Blue which is St. Mary's University's official school publication.

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …

Use Of Armed Force Against Terrorists In Afghanistan, Iraq, And Beyond, Jordan J. Paust

Cornell International Law Journal

No abstract provided.

Conflicting Views Of Terrorism, Shibley Telhami

Cornell International Law Journal

No abstract provided.

Prosecuting Al Quada: America's Human Rights Policy Interest Are Best Served By Trying Terrorists Under International Tribunals, Anton L. Janik Jr.

Denver Journal of International Law & Policy

No abstract provided.

The Northern Ireland: The Paramilitaries, Terrorism, And September 11th, Zachary E. Mccabe

Denver Journal of International Law & Policy

No abstract provided.

Terrorism And The Bill Of Rights, Rodney A. Smolla

Law Faculty Publications

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 J oumal 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. …

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

The Grave New World Of Terrorism: A Lawyer's View, James A. R. Nafziger

Denver Journal of International Law & Policy

No abstract provided.

Defeating Terrorism: Strategic Issue Analyses, John R. Martin Professor

Books, Monographs & Collaborative Studies

Within only a few days after the terrorist attacks of September 11, 2001, the U.S. Army War College initiated a series of short studies addressing strategic issues in the war on terrorism. This collection of essays analyzes a broad array of subjects of great strategic importance. This volume provides historical documentation of some of the advice given the military leadership in the early days of the war, but it also continues to be a source of solid strategic analysis as the war lengthens and perhaps broadens.

Defeating Terrorism: Strategic Issue Analyses, John R. Martin Professor

Books, Monographs & Collaborative Studies

Within only a few days after the terrorist attacks of September 11, 2001, the U.S. Army War College initiated a series of short studies addressing strategic issues in the war on terrorism. This collection of essays analyzes a broad array of subjects of great strategic importance. This volume provides historical documentation of some of the advice given the military leadership in the early days of the war, but it also continues to be a source of solid strategic analysis as the war lengthens and perhaps broadens.

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

From Hit Man To Encylcopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Law Faculty Publications

Late last summer, Professor F. Jay Dougherty invited me to participate in "Tune In, Turn On, Cop Out? The Media and Social Responsibility," the Fourth Annual Entertainment Law Symposium sponsored by Loyola Law School of Los Angeles. I learned that one of the issues to be examined was media liability for violent audience behavior, exploring from both social science and legal perspectives the alleged link between violent speech and violent conduct. Little did I or Professor Dougherty or anyone connected to the conference then know that within weeks a catastrophic terrorist attack on the United States-an attack largely spurred by …

Information Technology Breeds New Age Terrorism, Amita Aziz

Theses

This thesis examines the impact information technologies have had on the age-old phenomenon of terrorism. It looks at how terrorism has evolved into what has come to be known as information terrorism over this Information Era. Information revolution has introduced a new paradigm called Information Warfare for conflict among nations based upon attacking information infrastructures. The political attractions and deterrents to using these new information warfare methods are discussed at great length. The information age is affecting not only the types of targets and weapons terrorist choose, but also the ways in which such groups operate and structure their organizations. …

Quarantine Revision And The Model State Emergency Health Powers Act: Laws For The Common Good, Lorena Matei

Santa Clara High Technology Law Journal

No abstract provided.

Protecting Public Surface Transportation Against Terrorism And Serious Crime: Continuing Research On Best Security Practices, Mti Report 01-07, Brian M. Jenkins

Mineta Transportation Institute

Terrorist attacks on commercial aviation had declined significantly after reaching a high point in the 1970s. The devastating consequences of the four coordinated hijackings and deliberate crashes of three of the planes into the World Trade Center in New York and the Pentagon in Washington, D.C., on September 11, 2001—an event unprecedented in the annals of terrorism—have wiped out all sense of progress and focused national attention on aviation security. Meanwhile, terrorists have continued to attack public surface transportation worldwide with no indication of abatement in these attacks.1 With large-scale indiscriminate violence clearly the reality of contemporary terrorism and growing …

Psychological Profiles And The Intifada: Commentary On Sarhan And Al Khatib, Ibpp Editor

International Bulletin of Political Psychology

This article critiques a psychological profile that was developed to help explain the ongoing Palestinian Intifada and that was written by two physicians working at a Jordanian psychiatric hospital.

When Terror Strikes, Who Should Respond?, Aaron Weiss

The US Army War College Quarterly: Parameters

No abstract provided.

Terrorism As Defense, Defense As Terrorism, Ibpp Editor

International Bulletin of Political Psychology

This article describes some definitional complexities of the construct terrorism.

Castro And Terrorism: A Chronology, Eugene Pons

Institute for Cuban & Cuban-American Studies Occasional Papers

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Terrorism In The News: A Constructionist Approach, Lisa Linn Sharp

UNLV Retrospective Theses & Dissertations

This thesis examines portrayals of terrorism in the New York Times during the 1990s. Using ethnographic content analysis, I analyze several dimensions of coverage including the emphasis given in articles to violence, the characterizations used to describe terrorists and their actions, the sources of information used in the reports, whether the cause of the terrorists are addressed, and the character of coverage for men and women terrorists. I argue that the portrayals focus on the most sensational and dramatic aspects of terrorism and authority's interpretations of the groups; they fail to provide readers an analysis of causes, contexts, and structural …

New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy

Michigan Journal of International Law

Hopefully, the symposium will spark meaningful action toward creating such desperately needed solutions in the intersecting fields of law and national security policy as well as the study of international security law in law schools world-wide. Without such education, continued dialogue, and action, we mark the beginning of the end. With them, however, this world may continue on its road toward becoming a collection of secure democracies, held fast by the rule of law.