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

2004

Law and Politics

Terrorism

Series

Articles 1 - 2 of 2

Full-Text Articles in Law

Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele Oct 2004

Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele

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After September 11, many countries changed their laws to make it easier to fight terrorism. They did so in part because the United Nations Security Council passed Resolution 1373 under its Chapter VII powers. The resolution required all Members of the United Nations to criminalize terrorism, to prevent their territory from being used to plan or promote terrorism, to crack down on terrorism financing, to tighten up immigration and asylum procedures and to share information about terrorists and terrorist threats with other states. This article examines what happened to the Security Council mandate when it got to Europe by first …


Law In A Time Of Emergency, Kim Lane Scheppele Oct 2004

Law In A Time Of Emergency, Kim Lane Scheppele

All Faculty Scholarship

This article examines the domestic and foreign policy responses of the Bush administration to the events of 9/11 and contrasts them with the primary responses of America’s democratic allies in Europe. Both sets of responses are understood through the lens of Carl Schmitt’s writing on the nature of the state of exception, which in many ways provides a blueprint for contemporary American conceptions of emergency powers while providing a notorious and unsuccessful attempt to justify emergency powers to contemporary Europeans. I argue that the divergence in the standard understandings of two formative historical events help explain European and American differences …