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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

All Faculty Scholarship

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 …


Terrorism: An Algerian Perspective, Idriss Jazairy Jan 2004

Terrorism: An Algerian Perspective, Idriss Jazairy

Richmond Journal of Global Law & Business

No abstract provided.


Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer Jan 2004

Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer

Michigan Law Review

Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …