Law Commons^™

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …

Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler

Amanda L Tyler

The habeas corpus provision in the United States Constitution, known as the Suspension Clause, has long confounded courts and scholars as to its intended purpose. The wording of the Clause seems to promise the availability of "[t]he Privilege of the Writ of Habeas Corpus" - or, at least preclude the United States Congress from undermining that privilege where it is otherwise available unless Congress takes the dramatic step of enacting suspension legislation. The very same Clause, recognizing the extraordinary nature of suspension, precludes the legislature from adopting such a state of affairs except in the face of rare and dire …

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Nicholas Kittrie

No abstract provided.

Utilizing Secondary Sanctions To Curtail The Financing Of The Islamic State, Jimmy Gurule

Jimmy Gurule

This article will discuss existing legislation used to curtail the financing of the Islamic State, the value of imposing secondary sanctions against the terrorist group, and concerns regarding the extraterritorial applications of US sanctions.

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin