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Articles 1 - 30 of 73
Full-Text Articles in Law
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
University of Michigan Journal of Law Reform
The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …
Prologue To A Voluntarist War Convention, Robert D. Sloane
Prologue To A Voluntarist War Convention, Robert D. Sloane
Michigan Law Review
This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions-in both the formal and informal senses of that word-onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict …
Fallibility + Unchecked Power = Trouble, C. Peter Erlinder
Fallibility + Unchecked Power = Trouble, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
Terrorism And The Rule Of Law: A Case Comment On Kartar Singh V. State Of Punjab, Aditya Swarup
Terrorism And The Rule Of Law: A Case Comment On Kartar Singh V. State Of Punjab, Aditya Swarup
Aditya Swarup
No abstract provided.
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
From Incitement To Indictment? Prosecuting Iran's President For Advocating Israel's Destruction And Piecing Together Incitement Law's Emerging Analytical Framework, Gregory S. Gordon
Gregory S. Gordon
On October 25, 2005, at an anti-Zionism conference in Tehran, Iran's President, Mahmoud Ahmadinejad, called for Israel to "be wiped off the face of the map" -- the first in a series of incendiary speeches arguably advocating liquidation of the Jewish state. Certain commentators argue that these speeches constitute direct and public incitement to commit genocide. This Article analyzes these arguments by examining the nature and scope of recent groundbreaking developments in incitement law arising from the Rwandan genocide prosecutions. For the first time in the legal literature, the Article pieces together an analytical framework based on principles derived from …
When The Immovable Object Meets The Unstoppable Force: Search And Seizure In The Age Of Terrorism, Anthony C. Coveny
When The Immovable Object Meets The Unstoppable Force: Search And Seizure In The Age Of Terrorism, Anthony C. Coveny
Anthony C Coveny Ph.D.,J.D.,MA.
Abstract In 2001, the airborne attack on the World Trade Center, unlike any other in U.S. History, shook America to her core. In the process, the hand of government was strengthened at the expense of the constitutional liberties afforded by the Fourth Amendment. MacWade v. Kelly is just one more example of the increasing governmental interest in securing this nation from another terrorist attack, and in so doing, subjecting Americans to more “big brother” government. In MacWade, the New York Police Department faced down a 42 U.S.C 1983 challenge to its Container Inspection Program (CIP) in the name of security. …
Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry
Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry
International Law Studies
No abstract provided.
Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, John C. Yoo, Jesse Choper
Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, John C. Yoo, Jesse Choper
John C Yoo
Many have long debated whether Congress may strip the federal courts completely of jurisdiction over certain classes of cases. Until the last few years, these debates met the very definition of academic. Aside from two statutes, Congress had never engaged in clear removal of cases from the Supreme Court or the lower federal courts. That changed with the Court's decision in Rasul v. Bush, which extended the federal writ of habeas corpus to alien enemy combatants detained at the Guantanamo Bay, Cuba Naval Station. In response to Rasul, Congress enacted the Detainee Treatment Act of 2005 (DTA), which forbade any …
Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, John C. Yoo, Jesse Choper
Wartime Process: A Dialogue On Congressional Power To Remove Issues From The Federal Courts, John C. Yoo, Jesse Choper
Jesse H Choper
Many have long debated whether Congress may strip the federal courts completely of jurisdiction over certain classes of cases. Until the last few years, these debates met the very definition of academic. Aside from two statutes, Congress had never engaged in clear removal of cases from the Supreme Court or the lower federal courts. That changed with the Court's decision in Rasul v. Bush, which extended the federal writ of habeas corpus to alien enemy combatants detained at the Guantanamo Bay, Cuba Naval Station. In response to Rasul, Congress enacted the Detainee Treatment Act of 2005 (DTA), which forbade any …
Geo-Politics, The ‘War On Terror’ And The Competitiveness Of The City Of London, Richard Woodward
Geo-Politics, The ‘War On Terror’ And The Competitiveness Of The City Of London, Richard Woodward
Books/Book Chapters
No abstract provided.
Counterintuitive: Intelligence Operations And International Law, John C. Yoo, Glenn Sulmasy
Counterintuitive: Intelligence Operations And International Law, John C. Yoo, Glenn Sulmasy
John C Yoo
This essay addresses proposals for international regulation of intelligence gathering activities. We show that international law currently does not express any strong norms against intelligence gathering. We argue that international law is incapable of regulating such activities and proposals for change would prove counterproductive. Careful attention to the causes of war between rational nation-states shows that these efforts will have the highly undesirable result of making war more, rather than less, likely.
Strategic Planning For Combating Terrorism: A Critical Examination, Arsalan Suleman
Strategic Planning For Combating Terrorism: A Critical Examination, Arsalan Suleman
Arsalan Suleman
This article engages in a thorough assessment of the Bush Administration's main security strategy documents related to combating terrorism, namely the 2002 and 2006 National Security Strategy documents, the 2003 National Strategy for Combating Terrorism, and the 2006 National Military Strategic Plan for the War on Terrorism. First, the article assesses the value and importance of strategy documents and the utility in analyzing them. Second, the strategies are analyzed based on the process by which they were authored, the structural elements of the strategy, and the strategy's content. Third, the article discusses the overall content of counter-terrorism strategy and makes …
Legality Of Responses To The Problems Of International Terrorism And "Failed States" Phenomenon Considering Afghanistan And Iraq Within The Context Of Contemporary International Law Rules And Practice, Olumide Kolawole Obayemi
Legality Of Responses To The Problems Of International Terrorism And "Failed States" Phenomenon Considering Afghanistan And Iraq Within The Context Of Contemporary International Law Rules And Practice, Olumide Kolawole Obayemi
Theses and Dissertations
The central theme of this thesis is to critique and proffer appropriate legal and military responses to the endemic problems of failed states and international terrorism within context of contemporary international law.
The work will legally define the phenomenon known as "failed states," which encompasses such states where the central government has collapsed and has ceased from providing good life to its citizens.
The dissertation will also look at the definition of Terrorism and Terrorist Organizations. A person or an organization would have engaged in terrorist activities, if they were to commit in an individual capacity or as a member …
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Punish Or Surveil, Diane Marie Amann
Punish Or Surveil, Diane Marie Amann
Scholarly Works
This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …
Conflict, Terrorism And The Media In Asia, Rebekah L. Bina
Conflict, Terrorism And The Media In Asia, Rebekah L. Bina
Federal Communications Law Journal
Book Review: Conflict, Terrorism and the Media in Asia (Benjamin Cole ed., RoutledgeCurzon 2006) [hereinafter Cole].
The fourth and latest release in a series of publications on the impact of media and changes in societal culture in Asia, this book provides a study of the subnational conflicts across Asia and the global "War on Terror." The authors examine the condition of free press, access to media, and diversity in news reporting to explore how media is used as a tool to facilitate ideological coalition, shelter populations, and maintain political stability.
Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson
Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
American University, WCL Research Paper No. 2008-74Abstract:The war on terror and the war in Iraq have occasioned a ferocious debate over the Bush administration's commitment to neo-conservatism as the guiding philosophy behind war aiming at democratic transformation. Two recent, widely noticed 2006 books have attacked neo-conservatism - one, by a former neoconservative, Francis Fukuyama (After the Neocons: America at the Crossroads), and a second, by a centrist liberal, Peter Beinart (The Good Fight). Each seeks to anatomize neo-conservatism and what, in each author's view, has gone wrong with it; each seeks to offer an alternative foreign policy.This review essay examines …
Judicial Review And The War On Terror, John C. Yoo
Judicial Review And The War On Terror, John C. Yoo
ExpressO
This article examines the role of the federal courts in the war on terrorism, and contrasts the different judicial roles in reviewing decisions about the conduct of war abroad and within the United States. It explains that judicial refusal to adjudicate questions concerning the initiation and conduct of the war abroad is consistent with a narrow view of judicial review and the political question doctrine. Because the Constitution allocates different war powers to the President and Congress, allowing them to shape warmaking through the interaction of these powers, there is no single, constitutionally-required process for making war that requires judicial …
Law, Morality, And Economics: Integrating Moral Constraints With Economic Analysis Of Law , Barak Medina, Eyal Zamir
Law, Morality, And Economics: Integrating Moral Constraints With Economic Analysis Of Law , Barak Medina, Eyal Zamir
Barak Medina
Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Thus, for example, it presumably approves the deliberate killing of one innocent person to save the lives of two, and the breaking of a promise whenever it would produce slightly more net benefit than keeping it.
Moderate deontology prioritizes such things as autonomy, basic liberties, truth telling, and promise keeping over the promotion of good outcomes. It holds that there are constraints …
Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs
Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs
Gregory E. Maggs
My Article is called: “Assessing the Legality of Counterterrorism Measures without Characterizing them as Law Enforcement or Military Action.” In this article, I develop three theses:
First, I claim that disagreements about the legality of counterterrorism measures commonly stem from disagreements about whether to characterize the measures as law enforcement efforts or as military actions. Observers who see the measures as methods of controlling crime assess their lawfulness differently from those who see them as a form of warfare against terrorists because criminal law enforcement rules differ substantially from the laws of war. With many specific examples, I show that …
A Survey Of Terrorism And Human Rights In Uganda, Arika Long
A Survey Of Terrorism And Human Rights In Uganda, Arika Long
Human Rights & Human Welfare
Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …
Uzbekistan At The Crossroads, Latife Bulur
Uzbekistan At The Crossroads, Latife Bulur
Human Rights & Human Welfare
Uzbekistan is at the crossroads of the Central Asian region. Because of its strategic location and natural resources, Uzbekistan is becoming an interest to many different states, including the United States. However, many states that are interested in Uzbekistan are cautious about developing relations due to civil and governmental unrest.
The R.F.I.D. Act Of 2006 And E-Pedigrees: Tackling The Problem Of Counterfeit Drugs In The United States Wholesale Industry, Suchira Ghosh
The R.F.I.D. Act Of 2006 And E-Pedigrees: Tackling The Problem Of Counterfeit Drugs In The United States Wholesale Industry, Suchira Ghosh
Michigan Telecommunications & Technology Law Review
Gaps within the drug distribution system make it increasingly vulnerable to bad actors, such as counterfeiters and terrorists. Congress intended the Prescription Drug Marketing Act (PDMA) of 1987 to close these gaps, but the PDMA has not fully succeeded. Important PDMA provisions that require tracking of drugs throughout the distribution chain in the form of "pedigrees" were set to be implemented as of Dec. 1, 2006, although a recent court order has stayed complete implementation. However, these PDMA requirements do not apply uniformly to all drug distributors in the United States. Moreover, since paper pedigrees can be forged, the pedigree …
The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney
The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney
Journal of Digital Forensics, Security and Law
Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …
The Unresolved Equation Of Espionage And International Law, A. John Radsan
The Unresolved Equation Of Espionage And International Law, A. John Radsan
Michigan Journal of International Law
This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
All Faculty Scholarship
The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …
Conceptions Of The Vessel: Abu Ali, Habeas Corpus, And The Dark Side Of The “War On Terrorism”, Michael Paisner
Conceptions Of The Vessel: Abu Ali, Habeas Corpus, And The Dark Side Of The “War On Terrorism”, Michael Paisner
Saint Louis University Public Law Review
No abstract provided.
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson
Reports
This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …