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Full-Text Articles in Law
Racial Profiling: Past, Present, And Future, David A. Harris
Racial Profiling: Past, Present, And Future, David A. Harris
Articles
It has been more than two decades since the introduction of the first bill in Congress that addressed racial profiling in 1997. Between then and now, Congress never passed legislation on the topic, but more than half the states passed laws and many police departments put anti-profiling policies in place to combat it. The research and data on racial profiling has grown markedly over the last twenty-plus years. We know that the practice is real (contrary to many denials), and the data reveal racial profiling’s shortcomings and great social costs. Nevertheless, racial profiling persists. While it took root most prominently …
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Articles
Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
The Unconstitutionality Of "Hold Until Cleared": Reexamining Material Witness Detentions In The Wake Of The September 11th Dragnet, Ricardo J. Bascuas
Articles
No abstract provided.
The Fourth Amendment And Terrorism, John Burkoff
The Fourth Amendment And Terrorism, John Burkoff
Articles
The important questions we need to ask and to answer B in the perilous times in which we live B is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that …
'A Flame Of Fire': The Fourth Amendment In Perilous Times, John Burkoff
'A Flame Of Fire': The Fourth Amendment In Perilous Times, John Burkoff
Articles
The important questions we need to ask and to answer in the perilous times in which we live is whether the Fourth Amendment applies in the same fashion not just to run of the mill criminals, but also to terrorists and suspected terrorists, individuals who are committing or who have committed B or who may be poised to commit B acts aimed at the destruction of extremely large numbers of people? Professor Burkoff argues that we can protect ourselves from cataclysmic threats of this sort and still maintain a fair and objective application of Fourth Amendment doctrine that respects our …
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Articles
No abstract provided.
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism -- And Crime, Saul Levmore, Kyle D. Logue
Articles
The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private-insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered during and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, as well as the interaction between relief and the incentives for taking precautions against similar losses in the future. …
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Racial Profiling Under Attack, Samuel R. Gross, D. Livingston
Articles
The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.