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Full-Text Articles in Law
Due Process Of War, Nathan Chapman
Due Process Of War, Nathan Chapman
Scholarly Works
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …
Due Process Of War, Nathan Chapman
Due Process Of War, Nathan Chapman
Scholarly Works
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …
Excavating The Forgotten Suspension Clause, Helen Norton
Excavating The Forgotten Suspension Clause, Helen Norton
Publications
No abstract provided.
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi
UF Law Faculty Publications
In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.
Case law construing the private right of action under the Antiterrorism Act of 1992, 18 U.S.C. § …