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National Security Law

University of Michigan Law School

Journal

Democracy

Articles 1 - 6 of 6

Full-Text Articles in Law

Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran Jan 2013

Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran

Michigan Journal of International Law

States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying …


Keynote Address, Jeffrey H. Smith Jan 2007

Keynote Address, Jeffrey H. Smith

Michigan Journal of International Law

This afternoon, I want to touch briefly on a number of issues rather than discuss one or two to death. I chose this approach because it seemed an appropriate way to open a conference. I also chose it because I hope I can convince you that intelligence and international law interact in a way that simultaneously strengthens the law and improves intelligence; that law matters, especially in time of war; and that both good intelligence and good law have one common core value: integrity. So that you will have a sense of the perspective that I bring to this, I …


Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

Michigan Journal of International Law

Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …


Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue Jan 2006

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …


Terrorism And The Democratic State, Alona E. Evans Mar 1979

Terrorism And The Democratic State, Alona E. Evans

Michigan Law Review

A Review of A Time of Terror: How Democratic Societies Respond to Revolutionary Violence by J. Bowyer Bell


Public Opinion And Foreign Policy, Michigan Law Review Jun 1949

Public Opinion And Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of PUBLIC OPINION AND FOREIGN POLICY Edited by Lester Markel.