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2002

Terrorism

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Law

“Counter-Terrorism Law”, Matthew S. R. Palmer Nov 2002

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

The Hon Justice Matthew Palmer

I suggest that there is no conceptually distinct and coherent body of law we can sensibly call counter-terrorism law.
Terrorist actions are a global problem that must be tackled firmly and effectively. Legislation is a powerful symbol of commitment to do that. And, while the causes of terrorism must be addressed using multi-prong strategies, the acts of terror themselves must be dealt with by the law. But terrorist actions are the same as criminal actions; the difference is that they are politically motivated. Motivation can affect the penalties that are imposed on offenders, but motivation itself is not sensibly the …

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Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella Sep 2002

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.

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Capital Punishment In The Age Of Terrorism, David Bruck Dec 2001

Capital Punishment In The Age Of Terrorism, David Bruck

David I. Bruck

No abstract provided.

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Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer Dec 2001

Lessons From The Lindh Case: Public Safety And The Fifth Amendment, M. Katherine B. Darmer

M. Katherine B. Darmer

In the case of the American Taliban, a plea agreement enabled the courts to avoid deciding difficult questions about the legality of Lindh's confession to authorities, which Lindh argued was made in violation of his Miranda and other rights. This paper points out that questions regarding the legality of interrogation techniques in terrorism investigations will inevitably recur, and argues that there should be a public safety exception to the Edwards rule that normally requres interrogation to cease if a suspect invokes his right to counsel.

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