Law Commons^™

International Law And The Use Of Force: America’S Response To September 11, Muna Ndulo

Muna B Ndulo

No abstract provided.

Targeting Co-Belligerents, Jens David Ohlin

Jens David Ohlin

One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …

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 …

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

Robert H. Jerry II

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks -- and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are …

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.

The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

On International Law And Nuclear Terrorism, Louis R. Beres

Georgia Journal of International & Comparative Law

No abstract provided.

Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito

Natsu Taylor Saito

Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.

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

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

Florida State University Law Review

No abstract provided.

Reply To Steve On Al Bahlul, The “Law Of War,” And Article Iii, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …

Article Iii, The Framers, And Al Bahlul: A Reply To Steve, Peter Margulies

Law Faculty Scholarship

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

Georgia Journal of International & Comparative Law

No abstract provided.

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

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

Georgia Journal of International & Comparative Law

No abstract provided.

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams

Ryan T. Williams

The Expansion Of Executive Powers In Response To The Threat Of Bioterrorism Against Individuals And Agribusiness, Samuel W. Bettwy

Samuel W Bettwy

This paper examines and compares, in historical context, the expansion of governmental authority in response to threats of bioterrorism, one of which is aimed directly at people, the other of which is aimed directly at agribusiness. The examination reveals that there is a historical, natural tendency of the executive branch to expand its powers and that the legislative and judicial branches tend to defer to the executive branch during emergencies. The comparison reveals that, although there is such a natural attempt by the executive branch to expand its powers, such expansion has yielded more to concerns over individual rights and …

A Re-Assesment [Sic] Of The Effectiveness Of Oau (Au) Conventions On Preventing And Combating Terrorism, Chinyere Christiana Okpala

Theses and Dissertations

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism Laws in existence. Africa has a union, known as African Union (AU), comprising of all independent States in Africa, except Morocco. This AU has a well known anti-terrorism Law known as 'OAU Convention on Preventing and Combating Terrorism, 1999 and other national anti-terrorism laws in existence in its Member States nations. Despite all these anti-terrorism laws, including Plan of Actions for the Prevention and Combating of Terrorism, Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase …

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.

Al Bahlul And Article Iii: A Reply To Marty And Steve, Peter Margulies, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Bahlul And The Power Of Congress To Define International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Military Commissions In America? Domestic Liberty Implications Of The Military Commissions Act Of 2006, Sean Riordan

Touro Law Review

No abstract provided.

Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies

Law Faculty Scholarship

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

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

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 …