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Full-Text Articles in Law

Can Banks Be Liable For Aiding And Abetting Terrorism?: A Closer Look Into The Split On Secondary Liability Under The Antiterrorism Act, Alison Bitterly May 2015

Can Banks Be Liable For Aiding And Abetting Terrorism?: A Closer Look Into The Split On Secondary Liability Under The Antiterrorism Act, Alison Bitterly

Fordham Law Review

The Antiterrorism Act of 1990 (ATA) explicitly authorizes a private cause of action for U.S. nationals who suffer an injury “by reason of an act of international terrorism.” ATA civil litigation has increased dramatically following September 11, 2001—and banks, because of their deep pockets, have emerged as an increasingly popular target. Courts are divided concerning the scope of liability under the statute, specifically over whether the ATA authorizes a cause of action premised on secondary liability. Under a secondary liability theory, a plaintiff could argue that a bank, through providing financial services to a terrorist client, aided and abetted an …


Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea Apr 2014

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 Apr 2014

The Citizenship Of Others, Muneer I. Ahmad

Fordham Law Review

No abstract provided.


Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem Apr 2014

Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem

Fordham Law Review

No abstract provided.


The Boston Bombers, Leti Volpp Apr 2014

The Boston Bombers, Leti Volpp

Fordham Law Review

No abstract provided.


Citizenship And Protection, Andrew Kent Apr 2014

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.


The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies Apr 2014

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.


Editors' Foreword, Editors Apr 2014

Editors' Foreword, Editors

Fordham Law Review

No abstract provided.


Soil And Citizenship, Linda Bosniak Apr 2014

Soil And Citizenship, Linda Bosniak

Fordham Law Review

No abstract provided.


Expatriating Terrorists, Peter J. Spiro Apr 2014

Expatriating Terrorists, Peter J. Spiro

Fordham Law Review

No abstract provided.


Detention After The Aumf, Stephen I. Vladeck Apr 2014

Detention After The Aumf, Stephen I. Vladeck

Fordham Law Review

No abstract provided.


Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill Jan 2010

Nepa At The Limits Of Risk Assessment: Whether To Discuss A Potential Terrorist Attack On A Nuclear Power Plant Under The National Environment Policy Act, Michael Hill

Fordham Law Review

This Note explores the question of whether to address the environmental impacts of a potential terrorist attack on a nuclear power plant under the National Environmental Policy Act (NEPA). The Nuclear Regulatory Commission (NRC) and the U.S. Court of Appeals for the Third Circuit assert that the risk of terrorism is unquantifiable and too remote to warrant consideration under NEPA. In contrast, the U.S. Court of Appeals for the Ninth Circuit concludes that the risk is foreseeable enough that it cannot be disregarded as a matter of law and that a qualitative discussion of a range of potential impacts is …


Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin Jan 2008

Trying Cases Related To Allegations Of Terrorism: Judges' Roundtable, Hon. Marcia G. Cooke, Hon. Gerald Ellis Rosen, Hon. Leonard Burke Sand, Hon. Shira A. Scheindlin

Fordham Law Review

No abstract provided.


The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman Jan 2008

The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman

Fordham Law Review

No abstract provided.


The State Secrets Privilege And Separation Of Powers, Amanda Frost Jan 2007

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Fordham Law Review

No abstract provided.


Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule Jan 2006

Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule

Fordham Law Review

No abstract provided.


The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow Jan 2006

The Constitution As Black Box During National Emergencies: Comment On Bruce Ackerman's Before The Next Attack: Preserving Civil Liberties In An Age Of Terrorism, Martha Minow

Fordham Law Review

No abstract provided.


Terrorism And The Constitutional Order, Bruce Ackerman Jan 2006

Terrorism And The Constitutional Order, Bruce Ackerman

Fordham Law Review

No abstract provided.


We Are All Post-9/11 Now, Kim Lane Scheppele Jan 2006

We Are All Post-9/11 Now, Kim Lane Scheppele

Fordham Law Review

No abstract provided.


Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland Jan 2005

Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland

Fordham Law Review

No abstract provided.


The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi Jan 2004

The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi

Fordham Law Review

No abstract provided.


The Evisceration Of The Attorney-Client Privilege In The Wake Of September 11, 2001, Marjorie Cohn Jan 2003

The Evisceration Of The Attorney-Client Privilege In The Wake Of September 11, 2001, Marjorie Cohn

Fordham Law Review

No abstract provided.


An Old Law For A New World? Third-Party Liability For Terrorist Acts - From The Klan To Al Qaeda, Rebecca Blackmon Joyner Jan 2003

An Old Law For A New World? Third-Party Liability For Terrorist Acts - From The Klan To Al Qaeda, Rebecca Blackmon Joyner

Fordham Law Review

No abstract provided.


What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young Jan 2001

What Big Eyes And Ears You Have!: A New Regime For Covert Governmental Surveillance, Mark G. Young

Fordham Law Review

No abstract provided.


The Application Of Rico To International Terrorism, Zvi Joseph Jan 1990

The Application Of Rico To International Terrorism, Zvi Joseph

Fordham Law Review

No abstract provided.