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Articles 1 - 30 of 107
Full-Text Articles in Law
Controlling Government Secrecy: A Judicial Solution To The Internal And External Conflicts Surrounding The State Secrets Privilege, Elizabeth Rose Blazey
Controlling Government Secrecy: A Judicial Solution To The Internal And External Conflicts Surrounding The State Secrets Privilege, Elizabeth Rose Blazey
Buffalo Law Review
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson
Averting Nuclear 9/11: The Need To Move Beyond Nepa And Transition To A Homeland Security-Administered Infrastructure Security Statement, Michael S. Munson
William & Mary Environmental Law and Policy Review
No abstract provided.
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
BYU Law Review
No abstract provided.
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
Why Aren't We Using That Intel Stuff? Using Reconnaissance Satellite Imagery In Domestic Disaster Prevention And Response, Carla Crandall
BYU Law Review
No abstract provided.
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov
Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov
Journal of Strategic Security
This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …
Eriksonian Identity Theory In Counterterrorism, Cally O'Brien
Eriksonian Identity Theory In Counterterrorism, Cally O'Brien
Journal of Strategic Security
Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao
Journal of Strategic Security
This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …
Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist
Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist
Journal of Strategic Security
As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …
Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)
Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)
Journal of Strategic Security
No abstract provided.
Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi
Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi
Journal of Strategic Security
This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Seeing The State: Transparency As Metaphor, Mark Fenster
Seeing The State: Transparency As Metaphor, Mark Fenster
UF Law Faculty Publications
When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it operates as a metaphor that identifies and decries the distance between the public and the state, and that drives and shapes the desire for a more perfect democratic order. Viewed together, these two meanings both demand efforts to impose legal obligations on the state to be “open” and suggest that such efforts are …
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Vanderbilt Law Review
The most watched case of the 1952 Supreme Court Term was not Brown v. Board of Education, but the case of convicted atomic spies Julius and Ethel Rosenberg. Sentenced to death in April 1951 for passing atomic secrets to the Soviets, the Rosenbergs dominated the news and divided the country. Their case came at the height of Cold War America's obsession with Communism. Senator Joe McCarthy and the House Un-American Activities Committee were exposing alleged Communists in the federal government and Hollywood, and the U.S. military was fighting the Korean War to try to stop the spread of Communism abroad. …
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel A. Cutrer, Robert Raffel
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel A. Cutrer, Robert Raffel
Security Studies & International Affairs - Daytona Beach
As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel
Applied Aviation Sciences - Daytona Beach
As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
BYU Law Review
No abstract provided.
The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves
The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves
Journal of Strategic Security
Effective national leaders throughout history have deliberately developed grand strategies and successfully implemented them to attain their political goals, while also integrating and accomplishing economic, social, defense, and sometimes religious objectives. Not all leaders have been successful, however, as this process is immensely complex and can be adversely affected by the actions of other leaders around their region and the world. It bears examination, then, to determine what factors contribute to successful grand strategies and why many leaders fail to reach their stated ends. This article utilizes a historic case study approach and explores three key areas of grand strategy: …
Indian Involvement In Afghanistan In The Context Of The South Asian Security System, Melanie Hanif
Indian Involvement In Afghanistan In The Context Of The South Asian Security System, Melanie Hanif
Journal of Strategic Security
This article focuses on the regional requirements for a pacification of Afghanistan. For this purpose, Afghanistan is analytically "reframed" as part of South Asia. The hypothesis is that India is the only regional actor that might possess both the incentives and the capabilities to deal with the negative security externalities emanating from Afghanistan.In South Asia, material characteristics such as the delineation of the region and its power polarity are unclear. India's role within the region is even more controversial. By examining India's role within its security environment, this paper will suggest how this lack of clarity could be remedied. In …
U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign, Valentina Taddeo
U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign, Valentina Taddeo
Journal of Strategic Security
This article examines the U.S. response to global terrorism and its campaign in Afghanistan from 2001 to today. The aim of this article is first to understand the fallacies, missteps, and misunderstandings of the U.S. approach in Afghanistan. Second, the analysis evaluates the lessons learnt and some possible strategies for achieving long-term stability and security in Afghanistan. In particular, the analysis focuses on the different strategies adopted by the United States and their achievements. Despite a first victory over the Taliban regime, the initial approach was focused on the enemy only and it lacked long-term planning, paving the way to …
Ballistic Missile Defense: New Plans, Old Challenges, Elizabeth Zolotukhina
Ballistic Missile Defense: New Plans, Old Challenges, Elizabeth Zolotukhina
Journal of Strategic Security
On September 17, 2009—the 70th anniversary of the Soviet invasion of Poland in 1939 that marked the beginning of World War II—the Obama Administration announced its intention to shelve plans for the U.S. Ballistic Missile Defense (BMD) that had been developed under former President George W. Bush. Pointing to a new intelligence assessment, President Obama argued that his predecessor's plan to deploy an X-band radar station outside of Prague, Czech Republic, and 10 two-stage interceptor missiles in Poland would not adequately protect America and its European allies from the Iranian threat and reiterated his opposition to utilizing unproven technology in …
North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr.
North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr.
Journal of Strategic Security
The DPRK's (Democratic People's Republic of Korea or North Korea) support for terrorism began as an ideologically-based policy financed by the Soviet Union that eventually led to a policy designed to put money into the coffers of the elite in Pyongyang—in short, a "proliferation for hire" policy. This article articulates a brief history of the North Korean regime, the rise to power of Kim Il-sung and his son, Kim Jong-il, and North Korea's persistent support to terrorist groups around the globe.
Small To Mid-Size Sporting Events: Are We Prepared To Recover From An Attack?, Brian M. Harrell, Konrad Crockford, Pierre Boisrond, Sarah Tharp-Hernandez, Suzanne Parker
Small To Mid-Size Sporting Events: Are We Prepared To Recover From An Attack?, Brian M. Harrell, Konrad Crockford, Pierre Boisrond, Sarah Tharp-Hernandez, Suzanne Parker
Journal of Strategic Security
This article describes a fictional deadly attack by a lone-wolf terrorist during a high school football event in a small town, here in the United States. The authors begin by describing an attack and then focus on the response from the medical community, city, county, state, and federal government officials. Next, the authors make several recommendations on what actions are needed to develop an effective plan to combat terrorist activities during a small- to mid-size sports event. Among the actions needed, the authors focus on the following: response planning, emergency action plan, incident command, policies and procedures, and security staff …
The Weakest Link: The Risks Associated With Social Networking Websites, Yosef Lehrman
The Weakest Link: The Risks Associated With Social Networking Websites, Yosef Lehrman
Journal of Strategic Security
The relatively rapid rise in popularity of social networking services is now well known. MySpace, Twitter, and Facebook have become well known sites and terms. According to the Web traffic tracking site Alexa.com, as of December 2009, Facebook had 350 million registered users, MySpace just under 475 million, and Twitter 44.5 million. Many people think very little of posting prodigious amounts of personal information on social networking sites, not realizing that this information puts them at risk. Specifically, those in the law enforcement and military communities may not realize that information posted on these sites can compromise operational security and …
Book Reviews, Edward J. Hagerty, Daniel Masters, Mark J. Roberts, Leland Ericson
Book Reviews, Edward J. Hagerty, Daniel Masters, Mark J. Roberts, Leland Ericson
Journal of Strategic Security
No abstract provided.
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
A Break From The Old Routine...., Todd Landman
A Break From The Old Routine...., Todd Landman
Human Rights & Human Welfare
Abramowitz and Woocher highlight a potentially significant shift in policy discourse in international relations with respect to humanitarianism and the prevention of genocide. For many years, the United States has suffered from the twin problems of the human rights “double standard” and “Catch-22.” On the one hand, particular countries have been seen as vital by the United States for intervention on humanitarian grounds even though many believed other geostrategic interests are at stake (e.g. Kosovo in 1999) and others have not (e.g. Rwanda in 1994). On the other hand, US intervention on humanitarian grounds can be criticized as heavy-handed or …