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Full-Text Articles in Law

China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos Jan 2010

China And Brazil: Potential Allies Or Just Brics In The Wall?, Anthony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Brazil is an increasingly important actor in global governance and for China specifically. Sino-Brazilian relations have deepened considerably but they remain concentrated in areas of trade and investment. There is also considerable overlap in interests between the two countries in other areas, such as diplomatic and political relations. At the same time, China must manage carefully important differences that exist over the enlargement of the UN and the potential challenge to the Brazilian industry.


Habeas Corpus In The Age Of Guantánamo, Cary Federman Jan 2010

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …


Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin Jan 2010

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …