Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Terrorism

Discipline
Institution
Publication
Publication Type
File Type

Articles 1 - 30 of 72

Full-Text Articles in Law

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak Oct 2003

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.


How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner Oct 2003

How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner

Scholarly Articles

Not available.


Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold Oct 2003

Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold

University of Miami International and Comparative Law Review

No abstract provided.


Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker Oct 2003

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …


The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen Oct 2003

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …


Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor Sep 2003

Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses why an established death penalty for terrorists who would, by their own actions, suicide might be appropriate.


War Is The American Way Of Life, Paul L. Atwood Sep 2003

War Is The American Way Of Life, Paul L. Atwood

New England Journal of Public Policy

The war against terror following the September 11 attack is in keeping with the long history of American foreign policy. Various “doctrines” issued by one president after another since the Monroe Doctrine of 1823 are really incremental expansions of that original statement of hemispheric dominance aimed at encompassing the entire globe. The westward expansion to the Pacific coast and beyond to the Philippines, Hawaii, and the interventions in the nations of Latin America are early stages in the development of American hegemony. After intervening in the First World War, Wilson tried to dictate the peace. The rest of the century …


The Link Between Poverty And Violent Conflict, J. Brian Atwood Sep 2003

The Link Between Poverty And Violent Conflict, J. Brian Atwood

New England Journal of Public Policy

The threat to the international system from the many forms of violent conflict, terrorism being the most prominent among them, is greater today than it was at the end of the twentieth century. This escalation of global conflict has been attributed to the breakup of the Soviet State, increasing ethnic tensions, weak governance at both the nation-state and international levels, and the rise of religious extremism. Each of these factors contributes to instability and the social tensions that lead to violence. It will be posited here that there is also a significant link between poverty and violent conflict, one that …


Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel Sep 2003

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …


The Military -Judicial Nexus In Response To Terrorism: Kkk And Alqaeda, Wayne Mccormack Sep 2003

The Military -Judicial Nexus In Response To Terrorism: Kkk And Alqaeda, Wayne Mccormack

ExpressO

In considering the validity of "enemy combatant" status and military detention for alleged terrorists, several additional propositions emerge. Indefinite military detention of a US citizen arrested on US soil for a domestic crime is far beyond the pale of basic constitutional underpinnings. With respect to noncitizens and citizens captured overseas, military power is arguable but far from solid. In that event, why not take the route that does the least disruption to our system? Second, because the law abhors incoherence, we should be able to make coherent distinctions among alleged terrorists for the purpose of deciding who is tried in …


Ensuring The Continuity Of The United States Government: The Presidency: Joint Hearing Before The Committee On The Judiciary And Committee On Rules And Administration, Senate, 108th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States. Sep 2003

Ensuring The Continuity Of The United States Government: The Presidency: Joint Hearing Before The Committee On The Judiciary And Committee On Rules And Administration, Senate, 108th Congress, Subcommittee On Constitutional Amendments; Committee On The Judiciary. Senate. United States.

Congressional Materials

Examines concerns about the Presidential Succession Act and proposals to revise procedures for a transfer of power in case of vacancies in the offices of President and Vice President.


The Laws Of War In The War On Terror, Adam Roberts Aug 2003

The Laws Of War In The War On Terror, Adam Roberts

International Law Studies

No abstract provided.


U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay Jul 2003

U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay

Cornell International Law Journal

No abstract provided.


Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris Jul 2003

Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris

Cornell International Law Journal

No abstract provided.


Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan Jul 2003

Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan

Cornell International Law Journal

No abstract provided.


Understanding The Terrorist Mindset, Randy Borum Jul 2003

Understanding The Terrorist Mindset, Randy Borum

Mental Health Law & Policy Faculty Publications

No abstract provided.


Restricting The Flow Of Funds From U.S. Charities To International Terrorist Organizations - A Proposal, Mindy Herzfeld Jul 2003

Restricting The Flow Of Funds From U.S. Charities To International Terrorist Organizations - A Proposal, Mindy Herzfeld

UF Law Faculty Publications

This paper argues that the Internal Revenue Service should take a more active stance in denying tax exemption to organizations that finance terrorist activities abroad. The paper explores the well-established principle that organizations granted U.S. tax-exemption must act consistently with national public policy, and the application of that principle to charitable organizations that send monies overseas. To foster that policy, the Service should apply special guidelines to charitable organizations that channel contributions abroad, similar to the special guidelines in effect for tax-exempt private schools. In addition, legislative changes should be made to advance such a goal in order to provide …


Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley Jul 2003

Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley

University of Miami Law Review

No abstract provided.


Materiality Of Disclosures: Learned Hand Is Misconstrued In His Own Circuit (Formerly Entitled A Virus In The Circuit...), Graydon S. Staring May 2003

Materiality Of Disclosures: Learned Hand Is Misconstrued In His Own Circuit (Formerly Entitled A Virus In The Circuit...), Graydon S. Staring

Graydon S. Staring

The misreading years ago of an opinion by Learned Hand turned the rule of materiality of disclosure in marine insurance on its head and the frequent uncritical citation of of that reading causes the error, like the Melissa virus to crawl through later decisions.


International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.


Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …


Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert Chesney May 2003

Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert Chesney

Bobby Chesney

This piece, which appears in Michigan's annual Survey of Books issue, takes two books by David Cole (one co-authored with James Dempsey) as points of departure for a review of the liberty-security debate in the years shortly after 9/11. It begins with a discussion of theoretical models associated with "balancing" liberty and security, and then proceeds to review Cole's (and Dempsey's) work on a range of issues. The article includes my first efforts to explore the material support statutes, a topic I have explored in more detail in subsequent work.


Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor Apr 2003

Trends. Social Cognition And The Legal Adjudication Of Terrorism Cases, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the impact of terrorism on the justice system and security.


Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer Apr 2003

Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer

Cornell Journal of Law and Public Policy

No abstract provided.


Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella Mar 2003

Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella

Stefan D Cassella

The article outlines the provisions of the USA Patriot Act that enhance the power of the US Government to use the asset forfeiture laws to recover property involved in transnational crime, including the power to seize assets from the correspondent account of a foreign bank.


Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul Mar 2003

Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Last year, Golden Gate presented "A Survey of Progressive Developments of International Law and Order since the events of 11 September 2001 ". This year, a further succession of events have taken place that warrant a fresh examination of "Recent Developments in International and Comparative Law on the Urgent Necessity for Feasible Alternatives to the Use of Force in Contemporary International Law." An imminent and impending threat of the preemptive use of force to prevent war and continuing deployment of forces poised to strike as if to demonstrate that the only plausible means to achieve the ultimate peace is to …


Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson Mar 2003

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

All Faculty Scholarship

This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.


Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors Mar 2003

Encryption Regulation In The Wake Of September 11, 2001: Must We Protect National Security At The Expense Of The Economy?, Matthew Parker Voors

Federal Communications Law Journal

This Note argues that although privacy and economic concerns have ruled the encryption debate during the past decade, the move toward increased privacy on the Internet and relaxed encryption regulation, designed to promote electronic commerce, comes at the expense of national security and the protection of Americans' safety. The Article begins with historical information about encryption and an examination of how businesses use encryption to secure their communications and financial transactions on the Internet. This Section also observes that this technology is employed by terrorist organizations to accomplish the same goal: to send private communications. The Author next details the …


Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin Mar 2003

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.


Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Mar 2003

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.