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Articles 1 - 29 of 29
Full-Text Articles in Law
What Price Security?, Donald C. Masters
What Price Security?, Donald C. Masters
Journal of Strategic Security
This article presents a critique of the Copenhagen Consensus Center's(CCC) exhaustive study on transnational terrorism, published in 2008.The implications of this study are controversial, yet highly relevant in today's economic environment. The Obama administration must come toterms with fiscal realities that will challenge budget priorities and invigorate what will undoubtedly prove to be tough negotiations on Capitol Hill for homeland security dollars. It is proposed here that standard economic tools such as benefit cost analysis, cost effectiveness criteria, and simulation models can help identify areas where security can be either extended or improved using fewer resources. Greater movement towards competitive …
Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram
Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram
Human Rights & Human Welfare
The declassification and leaking of the so-called “torture memos” only supplements much which was already publicly well-known, but has offered a fresh opportunity to frankly debate American values, in particular its commitment to the rule of law, its own constitution, and international human rights and humanitarian law obligations to which it has committed itself, and which the Supreme Court has confirmed are part of domestic law. It is a shame, therefore, that the debate has been so stunted, diverted by the red herring of Dick Cheney’s rantings, and the apparent willingness of a segment of the population to accept, first, …
Let Us Not Become The Evil We Deplore, Rebecca Otis
Let Us Not Become The Evil We Deplore, Rebecca Otis
Human Rights & Human Welfare
On 14 September 2001, Representative Barbara Lee (CA-D) voted against the House bill that granted President Bush the authority to use force in response to the terrorist attacks on the World Trade Center and Pentagon. As the sole person to vote against the bill (by a margin of 420-1), Lee was roundly vilified as a “traitor,” a “coward, and even a “communist.” Later that day, as the only voice of dissent on the House floor, Lee delivered a speech to justify her position. Famously, she said to the elected representatives of our country, “As we act, let us not become …
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Human Rights & Human Welfare
Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.
June Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“The Red Cross Torture Report: What It Means.” by Mark Danner. The New York Review of Books. April 30, 2009.
Righting Past, Present And Future Wrongs, Rhona Smith
Righting Past, Present And Future Wrongs, Rhona Smith
Human Rights & Human Welfare
Three legal issues are raised by the centerpiece of this month’s Roundtable: Does the legal definition of torture include “enhanced interrogation techniques”? What are the legal responsibilities of a State when torture is committed by its agents? and What should the State do now to prevent future violations of human rights? In other words, one must characterize the actions of the past, ameliorate the damage in the present, and prevent a recurrence in the future.
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Human Rights & Human Welfare
Like most other human rights scholars, I am appalled at the idea that those people in the Bush White House who designed the administration’s policy on torture (but calling it something else) will in all likelihood go unpunished. In my view, the law is clear on this matter: those who directed and/or carried out torture must be held accountable for their actions. However, rather than focusing on the issue of accountability, I will use the issue of torture to make a broader point about how we have come to conceptualize the extent and scope of a state’s human rights obligations.
The Moral High Ground In An Age Of Vulnerability, Tyler Moselle
The Moral High Ground In An Age Of Vulnerability, Tyler Moselle
Human Rights & Human Welfare
Mark Danner’s New York Review of Books piece on torture in conjunction with John Nichols’ comment on the Bush administration, outline moral, legal and political problems related to the global war on terrorism and the ascendancy of the American imperial presidency. Most people seem to be repulsed by the idea of torture but are not morally committed enough or fully dedicated to prevent it from being employed to defend their way of life. Torture is a policy decision predicated on fear, self-defense, and vulnerability in an age of globalized insurgency: one way to respond is to take the moral high …
The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald
The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald
Cornell Journal of Law and Public Policy
No abstract provided.
Do We Need A New Fourth Amendment?, Orin S. Kerr
Do We Need A New Fourth Amendment?, Orin S. Kerr
Michigan Law Review
Slobogin's book offers a new conceptualization of the Fourth Amendment rooted in what he calls the proportionality principle: An investigative technique should be permitted under the Constitution only if the strength of the government's justification for the technique is roughly proportionate to the level of intrusion it causes . Slobogin roots this principle in Terry v. Ohio and its pragmatic balancing of law-enforcement and privacy interests. To determine how much justification the Fourth Amendment requires, Slobogin argues, courts should assess the intrusiveness of the investigatory technique and then set a proportionate threshold of proof that the government must show. The …
Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone
Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone
Case Western Reserve Journal of International Law
No abstract provided.
Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty
Are You There, Geneva - It's Me, Guantanamo, Keith A. Petty
Case Western Reserve Journal of International Law
No abstract provided.
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Case Western Reserve Journal of International Law
No abstract provided.
Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson
Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson
Case Western Reserve Journal of International Law
No abstract provided.
International Human Rights Law And Security Detention, Doug Cassel
International Human Rights Law And Security Detention, Doug Cassel
Case Western Reserve Journal of International Law
No abstract provided.
Administrative Detention In Armed Conflict, Ashley S. Deeks
Administrative Detention In Armed Conflict, Ashley S. Deeks
Case Western Reserve Journal of International Law
No abstract provided.
We're All Experts Now: A Security Case Against Security Detention, Deborah Pearlstein
We're All Experts Now: A Security Case Against Security Detention, Deborah Pearlstein
Case Western Reserve Journal of International Law
No abstract provided.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
ILSA Journal of International & Comparative Law
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.
Responses To Ten Questions, Michael J. Kelly
Responses To Ten Questions, Michael J. Kelly
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Scott Horton
Responses To Ten Questions, Scott Horton
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Victor Hansen
Responses To Ten Questions, Victor Hansen
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, John Yoo
Responses To Ten Questions, John Yoo
William Mitchell Law Review
No abstract provided.
National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies
National Security Lawyering And The Persistent Neglect Of Institutional Culture, Peter Margulies
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Marion "Spike" Bowman
Responses To Ten Questions, Marion "Spike" Bowman
William Mitchell Law Review
No abstract provided.
Flying Under The Radar Or An Unnecessary Intelligence Watchdog: A Review Of The President's Foreign Intelligence Advisory Board, Christine E. Hinrichs
Flying Under The Radar Or An Unnecessary Intelligence Watchdog: A Review Of The President's Foreign Intelligence Advisory Board, Christine E. Hinrichs
William Mitchell Law Review
No abstract provided.
Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz
William Mitchell Law Review
No abstract provided.
Security Vs. The Law: A False Choice, Walter F. Mondale
Security Vs. The Law: A False Choice, Walter F. Mondale
William Mitchell Law Review
No abstract provided.
Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust
Serial War Crimes In Response To Terrorism Can Pose Threats To National Security, Jordan J. Paust
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Stephen Dycus
Responses To Ten Questions, Stephen Dycus
William Mitchell Law Review
No abstract provided.