Law Commons^™

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

What Is War? An Investigation In The Wake Of 9/11, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Noncitizen Students And Immigration Policy Post-9/11, Victor Romero

Victor C. Romero

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Principles Of Counter-Terrorism Law, Jimmy Gurule, Geoffrey Corn.

Jimmy Gurule

The book examines the Military Response, analyzing legal issues related to treating terrorism as an armed conflict. These include the legal authority to use military force; determining when the law of armed conflict comes into force; the law of targeting and how this authority is applied to terrorist operatives; preventive detention; and prosecution of terrorists by military commission. The book also analyzes the Law Enforcement Response to international terrorism, including the legal framework for gathering counter-terrorism intelligence information, prosecuting terrorists and their sponsors, and freezing terrorist assets, domestically and internationally. Finally, the book examines the federal statutes authorizing civil liability …

Unfunding Terror: The Legal Response To The Financing Of Global Terrorism, Jimmy Gurule

Jimmy Gurule

The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurule, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The …

John Brown's Constitution, Robert Tsai

Robert L. Tsai

It will surprise many Americans to learn that before John Brown and his men briefly captured Harper’s Ferry, they authored and ratified a Provisional Constitution. This deliberative act built upon the achievements of the group to establish a Free Kansas, during which time Brown penned an analogue to the Declaration of Independence. These acts of writing, coupled with Brown’s trial tactics after his arrest, cast doubts on claims that the man was a lunatic or on a suicide mission. Instead, they suggest that John Brown aimed to be a radical statesman, one who turned to extreme tactics but nevertheless remained …

Jimmy Gurule Is Featured In The Indiana Lawyer Article Ndls Professor: Stop Isis By Choking Funding., Jimmy Gurule

Jimmy Gurule

Jimmy Gurule is featured in the Indiana Lawyer article NDLS professor: Stop ISIS by choking funding.

Jimmy Gurule Spoke With Bbc About Isis Financing On September 11, Jimmy Gurule

Jimmy Gurule

Jimmy Gurule spoke with BBC about ISIS financing The US government launches a new international campaign to defeat Islamic State (IS), with the group's funding a key target. The man who masterminded the Bush administration's efforts to combat Al Qaeda - Jimmy Gurule - tells us IS will be a much tougher opponent.

The Bin Laden Exception, Erik Luna

Erik Luna

Osama bin Laden's demise provides an opportune moment to reevaluate the extraordinary measures taken by the U.S. government in the "war on terror," with any reassessment incorporating the threat posed by al Qaeda and other terrorist organizations. Some modest analysis suggests that terrorism remains a miniscule risk for the average American, and it hardly poses an existential threat to the United States. Nonetheless, terrorism-related fears have distorted the people's risk perception and facilitated dubious public policies, exemplified here by a series of programs implemented by the Transportation Security Administration (TSA). Among other things, this agency has adopted costly technology and …

Don’T Expand The War On Terror, Jennifer Daskal, Stephen Vladeck

Jennifer Daskal

Congress should reject open-ended war and embrace a return to peace. Instead of expanding the Authorization for the Use of Military Force, Congress should consider repealing it once the withdrawal of our combat troops from Afghanistan has been completed. Law enforcement, intelligence gathering and other nonmilitary counterterrorism tools ought to be at the forefront of our fight against terrorism.

Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns

Katherine L. Vaughns

No abstract provided.

A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones

Madelyn Hsiao-Rei Hicks

No abstract provided.

For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan

Lucian E Dervan

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …

Brief Of Amicus Curiae Wesley Macneil Oliver In Support Of The Petition For Writ Of Certiorari, Wesley Oliver

Wesley M Oliver

The United States Court of Appeals for the Ninth Circuit recently held that a lawsuit could proceed against John Ashcroft in his individual capacity for the way he detained material witnesses after the Terror of September 11, 2001. Ashcroft allegedly used those he believed to be terrorist suspects as material witnesses when he lacked adequate suspicion to bring formal charges. All of these “witnesses” otherwise qualified for detention under the federal material witness detention statute. The Ninth Circuit concluded that this “pretextual” use of the material witness detention statute clearly violated the Fourth Amendment as it circumvented the probable cause …

Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank, Jack Garvey

Jack I Garvey

This article is a response to the challenge of nuclear non-proliferation for the 21st century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an …

Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger

Michael Greenberger

No abstract provided.

Securing Our Infrastructure: Private/Public Information Sharing, Rena Steinzor

Rena I. Steinzor

No abstract provided.

Lawyers And The War, Robert Power

Robert C Power

No abstract provided.

Cyber Embargo: Countering The Internet Jihad, Gregory S. Mcneal

Greg McNeal

Terrorists are engaged in an online jihad, characterized by the use of the internet to fundraise, distribute messages and directives, recruit and proselytize. It is impossible to shut down the entire presence of terrorists on the internet; however, this article details a proposal which can have a marked impact on the presence of terrorists on the internet. Using existing statutes, it is possible to regionalize terrorist websites, limiting them to an extremely small number of countries from which they may receive internet services. Once the terrorist message is limited to a particular region, a modification of current laws can allow …

Us National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller

Russell A. Miller

No abstract provided.

Beyond Guantanamo, Obstacles And Options, Greg Mcneal

Greg McNeal

The essay focuses on the structure of the military commission system, to date left largely unaltered by Boumediene, but which Congressional reformers will need to modify in order to ensure fair trials. In Part 1, I identify three specific structural reforms necessary to improve military commissions. In Part 2, I focus on obstacles created by the current commissions system which will affect the ability of Congressional reformers to abolish military commissions or transition to national security courts.

Snatch And Grab Ops: Justifying Extraterritorial Abduction, Gregory Mcneal, Brian Field

Greg McNeal

The United States government is actively engaged in a search for individuals believed to have killed American citizens and destroyed American property. As most of these individuals live openly in foreign states hostile to the United States, achieving extradition often proves impossible. Despite repeated diplomatic efforts to secure the transfer of these terrorists to America, many continue to operate in foreign states under the protection of the host country's continued denial of the terrorist's presence within their borders. The problem of bringing these individuals to justice is further complicated by the fact that the United States is rarely able to …