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Full-Text Articles in Law

A Long, Strange Trip: Guantanamo And The Scarcity Of International Law, Richard J. Wilson Oct 2012

A Long, Strange Trip: Guantanamo And The Scarcity Of International Law, Richard J. Wilson

Richard J. Wilson

From June of 2004, through June of 2007, I represented Omar Khadr, a detainee at Guantanamo Bay, Cuba. Omar, a Canadian citizen, was 15 years old when captured, and he was - and is - one of the very few detainees facing trial by a military commission. President Obama's decision to close Guantanamo and to put the commission trials on hold leaves us all with questions as to what will happen. This reflection was written in 2007, just about when I stopped representing Omar. The lower federal courts have not, in my view, used international law in any meaningful way …


Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns Oct 2012

Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns

Katherine L. Vaughns

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Oct 2012

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Katherine L. Vaughns

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs suggest that …


Cyber-Terrorism: Finding A Common Starting Point, Jeffrey T. Biller Oct 2012

Cyber-Terrorism: Finding A Common Starting Point, Jeffrey T. Biller

Jeffrey T Biller

Attacks on computer systems for both criminal and political purposes are on the rise in both the United States and around the world. Foreign terrorist organizations are also developing information technology skills to advance their goals. Looking at the convergence of these two phenomena, many prominent security experts in both government and private industry have rung an alarm bell regarding the potential for acts of cyber-terrorism. However, there is no precise definition of cyber-terrorism under United States law or in practice among cyber-security academicians. The lack of a common starting point is one of the reasons existing law fails to …


Operation Geronimo: The Legality Of The Targeted Killing Of Osama Bin Laden, Amanda M. Gibbens Jan 2012

Operation Geronimo: The Legality Of The Targeted Killing Of Osama Bin Laden, Amanda M. Gibbens

Amanda M. Gibbens

My recent article entitled, Operation Geronimo: The Legality of the Targeted Killing of Osama bin Laden addresses cutting-edge legal issues such as: counter-terrorism, self-defense, state sovereignty, and targeted killing. Due to the contemporary nature of the topic, few authors have published detailed assessments of the legality of the killing of Osama bin Laden. In my writing I analyze Operation Geronimo under both self-defense and law enforcement principles of treaty-based and customary international law. Additionally, I discuss U.S. constitutional law, the Authorization for Use of Military Force, and Executive Order 12,333 prohibiting assassinations.


A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones Dec 2011

A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones

Madelyn Hsiao-Rei Hicks

No abstract provided.


On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo Dec 2011

On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo

Nick J. Sciullo

In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …


Dangerous Precedent: America's Illegal War In Afghanistan, Ryan T. Williams Dec 2011

Dangerous Precedent: America's Illegal War In Afghanistan, Ryan T. Williams

Ryan T. Williams

Osama bin Laden’s death has lead many to question the efficacy of America’s continued fighting in Afghanistan. Too often dismissed is any meaningful discussion of the legality of the war on terror in Afghanistan, where the U.S. has promised to keep fighting until at least 2014. The use of force in international law is generally forbidden, except under three circumstances: in self-defense, pursuant to a United Nations Security Council resolution, or with consent from the leader of an invaded state. After a careful examination of all three, it is apparent that America’s continued fighting in Afghanistan, more than a decade …