Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- National Security Law (13)
- International Law (11)
- Military, War, and Peace (9)
- Comparative and Foreign Law (6)
- Constitutional Law (4)
-
- Human Rights Law (4)
- Law and Politics (3)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Immigration Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Legislation (2)
- Rule of Law (2)
- Banking and Finance Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Intellectual Property Law (1)
- Jurisdiction (1)
- Law and Gender (1)
- Law and Race (1)
- Litigation (1)
- President/Executive Department (1)
- Religion Law (1)
- Second Amendment (1)
- Securities Law (1)
- Institution
- Publication
-
- Fordham Law Review (10)
- Georgia Journal of International & Comparative Law (9)
- Canada-United States Law Journal (1)
- Florida State University Law Review (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
-
- ILSA Journal of International & Comparative Law (1)
- Louisiana Law Review (1)
- Michigan Journal of Race and Law (1)
- Michigan Law Review (1)
- Pace Law Review (1)
- San Diego International Law Journal (1)
- South Carolina Law Review (1)
- Touro Law Review (1)
- University of Baltimore Journal of International Law (1)
- University of Miami International and Comparative Law Review (1)
- University of Miami National Security & Armed Conflict Law Review (1)
- University of Michigan Journal of Law Reform (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck
Georgia Journal of International & Comparative Law
No abstract provided.
On International Law And Nuclear Terrorism, Louis R. Beres
On International Law And Nuclear Terrorism, Louis R. Beres
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross
Georgia Journal of International & Comparative Law
No abstract provided.
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Balancing National Security Policy: Why Congress Must Assert Its Constitutional Check On Executive Power, Rebecca Lightle
Florida State University Law Review
No abstract provided.
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner
Georgia Journal of International & Comparative Law
No abstract provided.
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu
Georgia Journal of International & Comparative Law
No abstract provided.
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Georgia Journal of International & Comparative Law
No abstract provided.
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman
The Long Road To Dignity: The Wrong Of Segregation And What The Civil Rights Act Of 1964 Had To Change, Paul Finkelman
Louisiana Law Review
The article focuses on the segregation in the U.S. and the passage of the Civil Rights Act of 1964 under the administration of U.S. President Lyndon Johnson. Topics include the personal battle and triumph of Johnson in passing the legislation to address the segregation in the country, the beginning of civil rights and the joint committee on reconstruction, and the response of the legislators and judiciary to southern terrorism.
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan
Touro Law Review
No abstract provided.
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
The Federal Witness Protection Program Revisited And Compared: Reshaping An Old Weapon To Meet New Challenges In The Global Crime Fighting Effort, Raneta Lawson Mack
University of Miami International and Comparative Law Review
No abstract provided.
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin
University of Michigan Journal of Law Reform
The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be reasonable …
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
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.
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
A Regime In Need Of Balance: The Un Counter-Terrorism Regimes Of Security And Human Rights, Isaac Kfir
University of Miami National Security & Armed Conflict Law Review
Since 9/11, the UN’s counter-‐terrorism regime has developed two distinct approaches to combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. On the other hand, the General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-‐based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the …
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.
Editors' Foreword, Editors
Soil And Citizenship, Linda Bosniak
Expatriating Terrorists, Peter J. Spiro
Detention After The Aumf, Stephen I. Vladeck
Missing Mcveigh, Michael E. Tigar
Missing Mcveigh, Michael E. Tigar
Michigan Law Review
The bombing that killed at least 169 people became an event by which time was thereafter measured — at least in Oklahoma. Ninety minutes after the bombing, a state trooper arrested Timothy McVeigh on a traffic charge; within hours, he was linked to the bombing, and the legal process began. Terry Nichols, who had met McVeigh when they were in the army together, was arrested in Herington, Kansas, where he lived with his wife and daughter. The Tenth Circuit chief judge designated Richard Matsch, chief judge for the District of Colorado, to preside over the case. Judge Matsch came to …
Canada V. United States Of America, Chios Carmody
Canada V. United States Of America, Chios Carmody
Canada-United States Law Journal
The article focuses on the legal issues related to the 2014 Niagara Problem provided to judges in Niagara Moot Court Competition. Topics discussed include right to protect from terrorism by freezing the sale of a yacht where the proceeds were intended to pay a ransom to pirates, obligation exists under international law to recognize same-sex marriage and customary international law.
‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat
San Diego International Law Journal
This paper is structured as follows: Part II traces the development of international instruments on the definition of terrorism, terrorist activities and “incitement to terrorism.” Part III first explores the normative framework of exclusion under the 1951 Convention and how the RSD procedure has undergone a notional shift, with exclusion considerations becoming more central. The section will then look at the provisions of Article 1F of the 1951 Convention, which contain the exclusion clauses and also discuss incorporation of terrorism exception to the asylum law framework in the United States. Part IV concludes with the proposition that the dangers of …
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack
Michigan Journal of Race and Law
Our criminal justice system is founded upon a belief that one is innocent until proven guilty. This belief is what foists the burden of proving a person’s guilt upon the government and belies a statutory presumption in favor of allowing a defendant to remain free pending trial at the federal level. Though there are certainly circumstances in which a federal magistrate judge may—and sometimes must—remand a defendant to jail pending trial, it is well-settled that pretrial detention itself inherently prejudices the quality of a person’s defense. In some cases, a defendant’s pretrial conditions become so onerous that they become punitive …