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Articles 1 - 4 of 4
Full-Text Articles in Law
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
University of Massachusetts Law Review
Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists’ extreme human rights violations without violating international human rights norms and international …
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
University of Massachusetts Law Review
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the “terror” judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American …
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey
University of Massachusetts Law Review
This article explores the existing law governing Underwater Cultural Heritage (UCH) which is classified as “pirate-flagged.” First, this article discusses the discovery of the Whydah Galley, an 18th century slave trader vessel, which was captured by pirate Captain Samuel Bellamy and transformed into the flagship of his pirate fleet, and the subsequent discoveries of additional “pirate-flagged” shipwrecks, including the international regulatory scheme governing ownership of the property on these sunken vessels. This article discusses both 20th century international conventions which define piracy and historic case law which clarifies these definitions. Then, the article analyzes both the early American and contemporary …