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Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Stephen P. Hoffman
This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Amit Chhabra
In the aftermath of the World Trade Center bombings of September 11, 2001 (“9/11”), the American psyche has been inordinately consumed with the notion of terror and global jihad against Western culture. Even before these dramatic events, though, our unique sense of humor has traditionally emboldened us to enjoy a good scare. When terror strikes in the real world, then, we are readily at attention. Increasingly since the advent of the television, this aspect of our collective psychology has been commoditized by Hollywood and politicized at election time. The fact that Halloween traditionally falls less than a week before Election …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Katherine L. Vaughns
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …