Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (4)
- Nova Southeastern University (2)
- U.S. Naval War College (2)
- Case Western Reserve University School of Law (1)
- Cornell University Law School (1)
-
- Embry-Riddle Aeronautical University (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Pace University (1)
- University of Cincinnati College of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of San Diego (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Articles in Law Reviews & Other Academic Journals (3)
- ILSA Journal of International & Comparative Law (2)
- International Law Studies (2)
- All Faculty Scholarship (1)
- Articles (1)
-
- Articles by Maurer Faculty (1)
- Case Western Reserve Journal of International Law (1)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- International Bulletin of Political Psychology (1)
- Journal Articles (1)
- Presentations (1)
- San Diego International Law Journal (1)
- Scholarly Works (1)
- The Sompong Sucharitkul Center for Advanced International Legal Studies (1)
- Vanderbilt Journal of Transnational Law (1)
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor
The Recovery Of The Aviation Industry: The Aviation Security Challenge, Ibpp Editor
International Bulletin of Political Psychology
This article is based on a presentation made to the SAE 2002 World Aviation Congress on November 6, 2002 by the IBPP Editor. The article’s focus is on how representatives of the aviation industry need to think about aviation security to facilitate the industry’s economic recovery.
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
Articles
No abstract provided.
Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy
Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy
International Law Studies
No abstract provided.
Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap
Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap
International Law Studies
No abstract provided.
Civil Litigation As A Means Of Compensating Victims Of International Terrorism, Walter W. Heiser
Civil Litigation As A Means Of Compensating Victims Of International Terrorism, Walter W. Heiser
San Diego International Law Journal
This Article discusses the rules of procedural law that authorize United States courts to enter civil judgments against international terrorists and the foreign states that sponsor them. Somewhat surprisingly, these rules do not make such judgments difficult to obtain. As the Sutherland case illustrates, plaintiffs have already recovered substantial money judgments against terrorist defendants. Not surprisingly, the real difficulties are encountered when plaintiffs seek to enforce such judgments. Private parties have successfully utilized civil litigation as a means of neutralizing domestic hate groups. The question now is whether they can achieve similar success with respect to international terrorists. Success in …
International Law And The Use Of Force: America’S Response To September 11, Muna Ndulo
International Law And The Use Of Force: America’S Response To September 11, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
Articles by Maurer Faculty
No abstract provided.
Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul
Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject.
The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization …
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Faculty Articles and Other Publications
In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.
The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …
What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.
The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Original Sin: "Terrorism" Or "Crime Against Humanity"?, Chibli Mallet
The Original Sin: "Terrorism" Or "Crime Against Humanity"?, Chibli Mallet
Case Western Reserve Journal of International Law
No abstract provided.
Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky
Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky
ILSA Journal of International & Comparative Law
The war on terrorism has a fundamental flaw, which puts its success directly at risk.
Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali
Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali
ILSA Journal of International & Comparative Law
When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.
"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein
"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Presentations
Panel discussion.
Terrorism And Globalization: An International Perspective, Linda Lim
Terrorism And Globalization: An International Perspective, Linda Lim
Vanderbilt Journal of Transnational Law
Terrorism has little or nothing to do with globalization, just as it has little or nothing to do with Islam. Most of the many varieties of terrorism that afflict and have long afflicted the world are responses not to global phenomena, but to intensely local ones. Examples include particularly ethnic, nationalist, and religious fault lines such as violence by Catholics and Protestants in Ireland; Basques in Spain; the Hindu Tamil Tigers in Sri Lanka; Kashmiris, Sikhs, and Hindu nationalists in India; the Aum cult in Japan; and Uighurs in Xinjiang, China.
The terrorists who attacked the World Trade Center on …
The Terrors Of Dealing With September 11th, Christopher L. Blakesley
The Terrors Of Dealing With September 11th, Christopher L. Blakesley
Scholarly Works
No abstract provided.
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Journal Articles
On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …