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Full-Text Articles in Law
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross
Georgia Journal of International & Comparative Law
No abstract provided.
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Florida State University Law Review
No abstract provided.
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Georgia Journal of International & Comparative Law
No abstract provided.
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Georgia Journal of International & Comparative Law
No abstract provided.
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck
Georgia Journal of International & Comparative Law
No abstract provided.
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Touro Law Review
No abstract provided.
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
University of Miami International and Comparative Law Review
No abstract provided.
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin
University of Michigan Journal of Law Reform
The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be reasonable …
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
University of Miami National Security & Armed Conflict Law Review
Since 9/11, the UN’s counter-‐terrorism regime has developed two distinct approaches to combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. On the other hand, the General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-‐based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the …
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack
Michigan Journal of Race and Law
Our criminal justice system is founded upon a belief that one is innocent until proven guilty. This belief is what foists the burden of proving a person’s guilt upon the government and belies a statutory presumption in favor of allowing a defendant to remain free pending trial at the federal level. Though there are certainly circumstances in which a federal magistrate judge may—and sometimes must—remand a defendant to jail pending trial, it is well-settled that pretrial detention itself inherently prejudices the quality of a person’s defense. In some cases, a defendant’s pretrial conditions become so onerous that they become punitive …