Law Commons^™

Law: Illumination Against Darkness, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler

Articles by Maurer Faculty

No abstract provided.

Thoughts On Proposed Immigration Reforms, John Scanlan

Articles by Maurer Faculty

No abstract provided.

Law: Illumination Against Darkness, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude

Articles by Maurer Faculty

No abstract provided.

Losses Of Equal Value, Michael I. Meyerson

All Faculty Scholarship

No abstract provided.

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

UF Law Faculty Publications

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks -- and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are …

Legal And Policy Implications For A New Era: The War On Terror, Jeffrey F. Addicott

Faculty Articles

The attacks on September 11, 2001 marked the beginning of the War on Terror. A conclusive body of evidence pointed directly to al-Qa’eda’s terrorist organization as the perpetrators of the arrack and to Afghanistan’s Taliban as the State-supporter of the terrorist organization. Al-Qa’eda terrorists use religion, most often radical Islamic fundamentalism, to justify the mass murder of innocent individuals–demonstrating they have no regard for human life, let alone the human rights and fundamental freedoms of others. Armed with the Congressional Joint Resolution, United Nations (“U.N.”) Resolution 1368, and the North Atlantic Treaty Organization (“NATO”) Resolution, the United States and its …

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Insurance Implications Of September 11 And Possible Responses, Jeffrey E. Thomas

Faculty Works

September 11 was a "defining moment" for this generation. The graphic images of that day will forever remain seared into people's individual and collective consciousness. Americans responded in many ways, both individually and collectively. The government, with nearly unanimous public support, immediately responded by declaring "war" on terrorism and by adopting measures to provide relief for victims of the attack.

September 11 was also a defining moment for the insurance industry. It was "the largest single insured event in history." Insurance companies are expected to pay some $50 billion to victims of the attack -more than eight times what the …

The Insurance Aftermath Of September 11: Myriad Claims, Multiple Lines, Arguments Over Ocurrence Counting, War Risk Exclusions, The Future Of Terrorism Coverage, And New Issues Of Government Role, Jeffrey W. Stempel

Scholarly Works

September 11, 2001, is an unforgettable date for many reasons. In addition to its political, social, and historical importance, it may mark a watershed of insurance history as well. The value of the insurance losses due to the collapse of the World Trade Center (WTC) towers is estimated to total at least $35 billion and perhaps $75 billion. In addition, most of the people killed by terrorism were covered by life insurance. Many business operations were affected, invoking possible business interruption coverage. The airplanes that became weapons of destruction carried passengers whose estates are likely to press claims against the …

Facing The Urban Future After September 11, 2001, Richard Briffault

Faculty Scholarship

In this essay I would like to address briefly four issues of importance to local governments raised by the September 11 attack and its aftermath. These issues are the role of local governments in addressing questions of public safety and preparedness; the relations among local governments within a region in responding to terrorism; the role of the federal government in the local response to terrorism; and the implications of September 11 for the structures and functions of local government. These issues are interconnected. Certainly, an effective local response to the public safety challenge posed by terrorism will require more coordinated …

Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

In this essay, the author wants to outline briefly both some of the ways in which the assumptions and categories of international law can be damaging to women, and also some of the ways in which creative feminists could use international law to transform both international policy and the domestic political and legal discourse. In the wake of September 11, a robust feminist engagement with international law and policy is more urgent than ever before.

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol

UF Law Faculty Publications

This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

God Bless America, John J. Coughlin

Journal Articles

On the morning of September 11, 2001, the friars at St. Francis of Assisi Church on West 31st Street in Manhattan had just prayed matins, the ancient morning prayer of the Catholic Church. Afterwards, Fr. Mychael Judge, O.F.M., and his brother Franciscans were enjoying the simple pleasure of their first cup of coffee of the day in the peace of Friary's Refectory. Directly across the street from the Church, an ominous all-alarm bell began to sound in the firehouse, while Fr. Mychael's fire department beeper went off. As he had done so many times previously, the Chaplain to the New …

Enemy Aliens, David Cole

Georgetown Law Faculty Publications and Other Works

In the wake of September 11, many have argued that the new sense of vulnerability that we all feel calls for a recalibration of the balance between liberty and security. In fact, however, much of what our government has done in the war on terrorism has not asked American citizens to make the difficult choice of deciding which of their liberties they are willing to sacrifice for increased security. Instead, the government has taken the politically easier route of selectively sacrificing the rights of aliens, and especially Arab and Muslim aliens, in the name of furthering national security. This is …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …