Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (22)
- University of Denver (17)
- Pace University (12)
- University of Georgia School of Law (9)
- Maurer School of Law: Indiana University (7)
-
- U.S. Naval War College (7)
- University of Richmond (7)
- University of Miami Law School (6)
- University of San Diego (6)
- Embry-Riddle Aeronautical University (4)
- Loyola Marymount University and Loyola Law School (4)
- New York Law School (4)
- St. Mary's University (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Mitchell Hamline School of Law (3)
- US Army War College (3)
- Claremont Colleges (2)
- Penn State Law (2)
- Pepperdine University (2)
- University of Maine School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts Boston (2)
- University of Oklahoma College of Law (2)
- American University Washington College of Law (1)
- Brigham Young University (1)
- Northwestern Pritzker School of Law (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University at Buffalo School of Law (1)
- University of Kentucky (1)
- Publication Year
- Publication
-
- Human Rights & Human Welfare (17)
- Michigan Journal of International Law (16)
- Pace Law Review (12)
- Georgia Journal of International & Comparative Law (9)
- International Law Studies (7)
-
- University of Richmond Law Review (7)
- Indiana Law Journal (6)
- Michigan Law Review (6)
- San Diego International Law Journal (6)
- University of Miami National Security & Armed Conflict Law Review (6)
- International Bulletin of Political Psychology (4)
- Loyola of Los Angeles Law Review (4)
- NYLS Law Review (4)
- St. Mary's Law Journal (4)
- Touro Law Review (4)
- The US Army War College Quarterly: Parameters (3)
- William Mitchell Law Review (3)
- Claremont-UC Undergraduate Research Conference on the European Union (2)
- Maine Law Review (2)
- Maryland Journal of International Law (2)
- New England Journal of Public Policy (2)
- Oklahoma Law Review (2)
- Brigham Young University Prelaw Review (1)
- Buffalo Human Rights Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Kentucky Law Journal (1)
- Legislation and Policy Brief (1)
- Northwestern University Law Review (1)
- Penn State International Law Review (1)
Articles 121 - 146 of 146
Full-Text Articles in Law
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen
Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen
University of Richmond Law Review
No abstract provided.
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner
University of Richmond Law Review
No abstract provided.
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Villanova Law Review
No abstract provided.
Preemptive Strategies In International Law, Michael N. Schmitt
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?
International Law: Blaming Big Brother: Holding States Accountable For The Devastation Of Terrorism, Sarah E. Smith
International Law: Blaming Big Brother: Holding States Accountable For The Devastation Of Terrorism, Sarah E. Smith
Oklahoma Law Review
No abstract provided.
Enemy Combatants, The Courts, And The Constitution, Roberto Iraola
Enemy Combatants, The Courts, And The Constitution, Roberto Iraola
Oklahoma Law Review
No abstract provided.
Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua
Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua
Buffalo Human Rights Law Review
This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a …
Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust
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 …
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust
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 …
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Michigan Journal of International Law
Symposium transcript.
New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy
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.
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman
Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman
Michigan Journal of International Law
The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
Michigan Journal of International Law
This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.
Trends. Terrorism And Biological Warfare: A Problem Of Perspective, Ibpp Editor
Trends. Terrorism And Biological Warfare: A Problem Of Perspective, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the cunundrum of how to best deter or manage a biological warfare (BW) attack by terrorists.
Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt
Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt
Michigan Journal of International Law
After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
St. Mary's Law Journal
This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …
Distinguishing Fong Yue Ting: Why The Inclusion Of Perjury As An Aggravated Felony Subjecting Legal Aliens To Deportation Under The Antiterrorism And Effective Death Penalty Act Violates The Eighth Amendment Comment., Gregory L. Ryan
St. Mary's Law Journal
Responding to the terrorist bombing in Oklahoma City, Congress spent several months researching and discussing the best ways to strengthen the United States’ ability to deter and punish terrorism. In 1996, Congress sent a bill to the President designed to make the country safer, and President Clinton signed the bill into law: The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA mandates a foreign national convicted of perjury be deported. Tucked away in the middle of the AEDPA, strict sanctions are imposed on noncitizens who commit perjury or subordination of perjury. In an attempt to strengthen the …
Terrorism In National And International Law, Caleb M. Pilgrim
Terrorism In National And International Law, Caleb M. Pilgrim
Penn State International Law Review
Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
West Virginia Law Review
No abstract provided.
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
International Law Studies
No abstract provided.
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review
Michigan Law Review
An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …