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Full-Text Articles in Law
Editors' Foreword, Editors
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Fordham Law Review
The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …
The Citizenship Of Others, Muneer I. Ahmad
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Fordham Law Review
No abstract provided.
The Boston Bombers, Leti Volpp
Expatriating Terrorists, Peter J. Spiro
Citizenship And Protection, Andrew Kent
Citizenship And Protection, Andrew Kent
Fordham Law Review
This Article discusses the role of U.S. citizenship in determining who would be protected by the Constitution, other domestic laws, and the courts. Traditionally, within the United States, both noncitizens and citizens have had more or less equal civil liberties protections. But outside the sovereign territory of the United States, noncitizens have historically lacked such protections. This Article sketches the traditional rules that demarcated the boundaries of protection, then addresses the functional and normative justifications for the very different treatment of noncitizens depending on whether or not they were present within the United States.
Soil And Citizenship, Linda Bosniak
Detention After The Aumf, Stephen I. Vladeck
Muscular Procedure: Conditional Deference In The Executive Detention Cases, Joseph Landau
Muscular Procedure: Conditional Deference In The Executive Detention Cases, Joseph Landau
Faculty Scholarship
Although much of the prevailing scholarship surrounding the 9/11 decisions tends to downgrade procedural decisions of law as weak and inadequate, procedural rulings have affected the law of national security in remarkable ways. The Supreme Court and lower courts have used procedural devices to require, as a condition of deference, that the coordinate branches respect transsubstantive procedural values like transparency and deliberation. This is “muscular procedure,” the judicial invocation of a procedural rule to ensure the integrity of coordinate branch decision-making processes. Through muscular procedure, courts have accelerated the resolution of large numbers of highly charged cases. Moreover, they have …
Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin
Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin
Fordham Law Review
No abstract provided.
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
Fordham Law Review
No abstract provided.
The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow
Fordham Law Review
No abstract provided.
We Are All Post-9/11 Now, Kim Lane Scheppele
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Fordham Law Review
No abstract provided.
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis
Fordham Law Review
No abstract provided.
Foreign Security Surveillance―Balancing Executive Power And The Fourth Amendment, Charles G. La Bella
Foreign Security Surveillance―Balancing Executive Power And The Fourth Amendment, Charles G. La Bella
Fordham Law Review
No abstract provided.