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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
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
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
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Passport Revocation As Proxy Denaturalization: Examining The Yemen Cases, Ramzi Kassem
Fordham Law Review
No abstract provided.
The Boston Bombers, Leti Volpp
Citizenship And Protection, Andrew Kent
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
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Editors' Foreword, Editors
Soil And Citizenship, Linda Bosniak
Expatriating Terrorists, Peter J. Spiro
Detention After The Aumf, Stephen I. Vladeck
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
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
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
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
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
Fordham Law Review
No abstract provided.
Terrorism And The Constitutional Order, Bruce Ackerman
Terrorism And The Constitutional Order, Bruce Ackerman
Fordham Law Review
No abstract provided.
We Are All Post-9/11 Now, Kim Lane Scheppele
Suspending Habeas Corpus: Article I, Section 9, Clause 2, Or The United States Constitution And The War On Terror, Tor Ekeland
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
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
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
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
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
The Application Of Rico To International Terrorism, Zvi Joseph
Fordham Law Review
No abstract provided.