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Full-Text Articles in Law
Citizenship, Public And Private, Karen Knop
Citizenship, Public And Private, Karen Knop
Law and Contemporary Problems
Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …
Assessing The Constitutionality Of The Alien Terrorist Removal Court, John Dorsett Niles
Assessing The Constitutionality Of The Alien Terrorist Removal Court, John Dorsett Niles
Duke Law Journal
In 1996, Congress created the Alien Terrorist Removal Court (ATRC). A court of deportation, the ATRC provides the U.S. attorney general a forum to remove expeditiously any resident alien who the attorney general has probable cause to believe is a terrorist. In theory, resident aliens receive different-and arguably far weaker-procedural protections before the ATRC than they would receive before an administrative immigration panel. In theory, the limited nature of the ATRC protections might implicate resident aliens' Fifth Amendment rights. In practice, however, the ATRC has never been used. Perhaps to avoid an adverse constitutional ruling, the attorney general has never …
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Faculty Scholarship
reviewing, Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (2008)
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.