Law Commons^™

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Ub Viewpoint – Dissolving The Shadows, Eric Easton

All Faculty Scholarship

No abstract provided.

Trends. Disclosure Of Post-9-11 Arrestees And Maslow’S Hierarchy Of Needs, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the Maslowian hierarchy of needs in the context of 9-11 terrorist attacks and the relationship between executive and judicial branches of American government.

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 Patriot Act’S Impact On The Government’S Ability To Conduct Electronic Surveillance Of Ongoing Domestic Communications, Nathan C. Henderson

Duke Law Journal

No abstract provided.

The Failure Of Words: Habeas Corpus Reform, The Antiterrorism And Effective Death Penalty Act, And When A Judgment Of Conviction Becomes Final For The Purposes Of 28 U.S.C. 2255(1), Benjamin R. Orye Iii

William & Mary Law Review

No abstract provided.

Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella

Stefan D Cassella

This short article discusses the provision that were included in the USA Patriot to enhance the government's ability to use the asset forfeiture laws to confiscate the assets of terrorist organizations.

Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua

Buffalo Human Rights Law Review

This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a …

Trends. Aviation Terrorism's Winning Hand, Ibpp Editor

International Bulletin of Political Psychology

This article discusses aviation security, terrorism, and the psychology behind pilot motivations for opting out of flying members of the Israeli government to Israel.

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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.

The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker

Georgetown Law Faculty Publications and Other Works

National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.

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

International Law Studies

No abstract provided.

Trends. Psychiatric Follies Continue: The Moussaoui Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes several issues related to the evaluation of competency to stand trial for defendants accused of terrorism, in this case Zacarias Moussaoui.

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 …

Human Rights Policy In The Age Of Terrorism, Juan E. Méndez

Saint Louis University Law Journal

No abstract provided.

Terrorism And The Bill Of Rights, Rodney A. Smolla

William & Mary Bill of Rights Journal

This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help.

In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …

The First Amendment In A Time That Tries Men’S Souls, Susan Gellman

Law and Contemporary Problems

Government requests to suspend civil liberties are always rationalized by "crisis." In the aftermath of the terrorist attacks of Sep 11, 2001, not only legal scholars but all Americans wondered what the civil liberties fallout would be. A particular area of concern was, and still is, the First Amendment protections, especially of speech and press.

Terrorism And The Bill Of Rights, Rodney A. Smolla

Scholarly Articles

In this article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which dealt with a Virginia law that banned cross-burning. While the legal doctrines argued in the Black case were certainly important then, they took on a whole new importance in light of the attacks on September 11, 2001. Professor Smolla discusses whether the terrorist attacks should affect the freedoms of speech and expression in America, concluding that, while horrific and life-changing, the attack on America should not alter our First Amendment rights.

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

Articles by Maurer Faculty

No abstract provided.

Terrorism, The Use Of Force And International Law After 11 September, Michael Byers

Faculty Scholarship

No abstract provided.

Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans

Duke Law Journal

No abstract provided.

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 …

Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever

Law Faculty Presentations and Testimony

Supporters and Opponents endorse Lincoln's caution that the "dogmas of the quiet past are inadequate to the stormy present. We must think anew." All sides also agree that "eternal vigilance is the price of liberty." But what do such words mean in the world following 9/11? Supporters and Opponents of the National Government's anti-terrorism policies have starkly different perceptions. This is so as to a) the crisis we face, b) the need for particular policies, and c) the impact on civil liberties and upon our Constitutional system. Clearly, lawyers have a special duty to understand those differing perceptions in order …

Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn

Michigan Law Review

From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …

Youngstown Revisited, A. Christopher Bryant, Carl Tobias

Faculty Articles and Other Publications

In 1952, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure of the nation's steel mills to support United States participation in the Korean conflict, but the Supreme Court held that Truman lacked any power to seize the property in Youngstown Sheet & Tube Co. v. Sawyer. In 2001, President George W. Bush promulgated an Executive Order that authorized trial by military commissions of non-U.S. citizens whom the American government suspects of terrorism in domestic cases and concomitantly denied these persons access to the federal courts. This article undertakes an analysis of the Bush Executive …

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 …