Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Executive power (2)
- 9-11 (1)
- Constitutionalism (1)
- Democracy (1)
- Equality (1)
-
- Feminism (1)
- Fifth Amendment (1)
- Gender equality (1)
- Guilt by association (1)
- Human rights (1)
- Internationalism (1)
- Judicial review (1)
- Liberty (1)
- Material support statues (1)
- Preventive paradigm (1)
- Security (1)
- Sovereignty (1)
- Supreme court (1)
- Territoriality (1)
- Terrorism (1)
- Torture (1)
- Visa denials (1)
- War on Terror (1)
- War on terror (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Rights Over Borders: Transnational Constitutionalism And Guantanamo Bay, David Cole
Rights Over Borders: Transnational Constitutionalism And Guantanamo Bay, David Cole
Georgetown Law Faculty Publications and Other Works
This essay argues that the most profound implications of the Supreme Court’s decision in Boumediene v. Bush may lie not in what it says about the place of law in the war on terror, but in what it reflects about the Supreme Court’s altered conceptions of sovereignty, territoriality, and rights in the globalized world.
Boumediene was groundbreaking in at least three respects. For the first time in its history, the Supreme Court declared unconstitutional a law enacted by Congress and signed by the president on an issue of military policy in a time of armed conflict. Also for the first …
Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole
Panel: Restrictions On Freedom Of Association Through Material Support Prohibitions And Visa Denials, David Cole
Georgetown Law Faculty Publications and Other Works
In the 1950s, we were afraid of communism. We were afraid, in particular, of the Soviet Union, the world's second greatest superpower, which was armed with masses of nuclear warheads aimed at all our largest cities. As a result, we fought the Cold War, engaged in espionage, proxy wars, and an arms race. We also took aggressive preventive measures at home. The principal preventive measure of that period was guilt by association. We made it a crime to be a member of the Communist Party, and we created a whole administrative scheme to implement and enforce this notion of guilt …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …
No Reason To Believe: Radical Skepticism, Emergency Power, And Constitutional Constraint, David Cole
No Reason To Believe: Radical Skepticism, Emergency Power, And Constitutional Constraint, David Cole
Georgetown Law Faculty Publications and Other Works
This essay reviews Eric Posner and Adrian Vermeule’s Terror in the Balance: Security, Liberty, and the Courts, which I consider the most serious, sustained, and thoughtful effort to defend the Bush administration’s aggressive tactics in the war on terror yet written. That the book is ultimately deeply flawed only underscores the failure of the Bush administration’s approach.
Where most historians view with regret the excesses of past security crises, from the criminalization of speech during World War I to the internment of Japanese Americans during World War II, Posner and Vermeule advance the contrarian view that the system worked exactly …
Equality's Future: An Introduction, Victoria Nourse
Equality's Future: An Introduction, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
We stand at an extraordinary moment: never before have so many powerful men wished to be women. For the first time in history, a massive number of male and female voters--18 million in fact--cast their ballots to nominate a woman, Senator Hillary Clinton, to be President of the United States. Disappointed at Senator Clinton's failure to win the Democratic Party's nomination, many women threatened to bolt the party. Sensing opportunity, the Republican Presidential candidate, Senator John McCain, promptly named as his vice-presidential running mate the first woman ever nominated by the Republican Party to a Presidential ticket. And, not to …