Law Commons^™

America’S Death Penalty: Just Another Form Of Violence, John Bessler

All Faculty Scholarship

The author in this piece reflects on the death penalty in the U.S. in the aftermath of the 9/11 terrorist attacks. The writer goes on to argue that capital punishment is, in and of itself, a form of violence. Also discussed in the article are the gradual removal of executions from public view, issues of deterrence and violent crime, and the author's preference for life-without-possibility-of-parole sentences.

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

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Federal Government's Role In Protecting Public Health, Ernie Fletcher

Kentucky Law Journal

No abstract provided.

Narco-Terrorism: The New Discovery Of An Old Connection, Donnie Marshall

Cornell International Law Journal

No abstract provided.

World Trade After September 11, 2001: The U.S. Response, Leslie Alan Glick

Cornell International Law Journal

No abstract provided.

9/11 And The Raiders Of The Lost Ark, Gwyn Prins

Cornell International Law Journal

No abstract provided.

Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler

Cornell Law Faculty Publications

This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.

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

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

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.

From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla

Scholarly Articles

Not available.

Judging The 11 September Terrorist Attack, Mark A. Drumbl

Scholarly Articles

Not available.

"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

Presentations

Panel discussion.

Conflicting Views Of Terrorism, Shibley Telhami

Cornell International Law Journal

No abstract provided.

Use Of Armed Force Against Terrorists In Afghanistan, Iraq, And Beyond, Jordan J. Paust

Cornell International Law Journal

No abstract provided.

Before And After: The Changed Un Response To Terrorism Since September 11th, Nicholas Rostow

Cornell International Law Journal

No abstract provided.

Securing Our Infrastructure: Private/Public Information Sharing, Rena I. Steinzor

Congressional Testimony

No abstract provided.

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 …

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review

No abstract provided.

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

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 …

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.

Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant

Faculty Articles and Other Publications

For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.

Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …

Quarantine Revision And The Model State Emergency Health Powers Act: Laws For The Common Good, Lorena Matei

Santa Clara High Technology Law Journal

No abstract provided.