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Articles 1 - 17 of 17
Full-Text Articles in Law
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Douglas C. Hay
Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
François Tanguay-Renaud
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Restricted Access To Justice For Canadians Mistreated Abroad: Abdelrazik V. Canada (Re: Interim Costs), Sean Rehaag
Restricted Access To Justice For Canadians Mistreated Abroad: Abdelrazik V. Canada (Re: Interim Costs), Sean Rehaag
Sean Rehaag
Abousfian Abdelrazik is a Canadian citizen who, after having his name added to various anti-terrorism lists, and after being tortured by Sudanese officials, found himself unable to return home from Sudan largely because of Canadian government actions. Abdelrazik sought to challenge the constitutionality of these restrictions on his ability to return to Canada. However, he had no money and no means of support, as he was unable to leave a Canadian embassy in Sudan where he had sought refuge to avoid further torture by Sudanese officials. He therefore brought a motion for interim costs in Canada’s Federal Court. If granted, …
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
Winston P Nagan
While no legal obstacles prevent the U.S. Senate's reconsideration of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control. By closely examining the U.S. Senate's previous rejection (and, by implication, the nation's non-ratification) of the CTBT, we assess the political process that failed to realize the security values now imperative to U.S. national defense. To this appraisal, we join analysis of the contemporary law, policy, …
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
Winston P Nagan
Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Kim D. Chanbonpin
No abstract provided.
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Victor C. Romero
Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …
News Media Satellites And The First Amendment: A Case Study In The Treatment Of New Technologies, Robert P. Merges, Glenn H. Reynolds
News Media Satellites And The First Amendment: A Case Study In The Treatment Of New Technologies, Robert P. Merges, Glenn H. Reynolds
Robert P Merges
No abstract provided.
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Alev Dudek
In spite of ongoing improvements, integration of ethnic Turks in Germany remains a challenge from the dominant culture perspective, whereas a deeply ingrained institutional and everyday racism and the lack of legal protection against discrimination pose a challenge to full participation of ethnic Turks from another perspective. In an increasingly xenophobic Europe, particularly Germany, an increase in potential for religious and nationalist radicalization in different groups including ethnic Turks is becoming more and more evident. This increase in radical attitudes is not necessarily caused by a lack of integration, as evidenced among well-integrated individuals.
In view of recent developments toward …
The Trouble With Shadow Government, Howard M. Wasserman
The Trouble With Shadow Government, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
The Statement And Account Clause As A National Security Freedom Of Information Act, Lawrence Rosenthal
The Statement And Account Clause As A National Security Freedom Of Information Act, Lawrence Rosenthal
Lawrence Rosenthal
Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters And The Good Wife Got It Wrong, Melanie M. Reid
Nsa And Dea Intelligence Sharing: Why It's Legal And Why Reuters And The Good Wife Got It Wrong, Melanie M. Reid
Melanie M. Reid
The recent disclosures of secret U.S. government surveillance programs have brought to the forefront how intelligence agencies should manage the gathering and analysis of intelligence collected and when and how best to pass that information on to law enforcement. What is first collected for national security purposes can now potentially be used in a criminal trial. Law enforcement agents are said to utilize “parallel construction” to hide the original source which initiated the criminal investigation and develop their own evidence independent from this original source. Since the “wall” between intelligence agencies and law enforcement agencies fell down post-9/11 and intelligence …
The Leadership Leap: A New Approach For Homeland Security, R. Jeffery Maxfield, Rodger Broome, John R. Fisher
The Leadership Leap: A New Approach For Homeland Security, R. Jeffery Maxfield, Rodger Broome, John R. Fisher
R. Jeffery Maxfield
The world is in chaos, and unfortunately, this most likely will continue. Recent news reports are replete with stories of crises. These events demonstrate the implicit and explicit need for leadership. We believe these crises and their accompanying uncertainty are the reasons people have sought strong leaders – to bring order and sanity to an otherwise uncontrollable world. This is particularly true in homeland security and the emergency services.
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke
Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke
Brendan Burke
In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Stephen E Henderson
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …