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Articles 1 - 19 of 19
Full-Text Articles in Law
Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington
Matthew Hoisington
This article addresses the instrumentalization of international humanitarian law (IHL) and the Islamic jus in bello for the purposes of targeting. It begins with an examination of the radical innovations in the Islamic jus in bello that resulted in its instrumentalization by al Qaeda and other Islamic armed groups in the name of jihad. It then addresses the key legal arguments of the U.S.-led response, particularly in the post-9/11 period. Finally, it offers a critical appraisal of the use of targeting rules to justify killing by both sides. The conclusion summarizes the argument and comments on the dangers of legal …
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Pepperdine Dispute Resolution Law Journal
In the course of offering workplace expertise, the FMCS has also presented its workshop "Managing Grief in the Workplace." The trainings have been given at local, regional, national and international labor relations and mediation conferences, and in college settings. We have found great receptivity to this cutting edge topic. Support in this area can greatly help unions and companies work through the conflicting expectations of a bereaved employee's job performance. Workshops in "Managing Grief in the Workplace" can initiate needed discussions and helping the partners to set up compassionate and realistic bereavement policies in the workplace. Finally, many participants expressed …
Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison
Searching And Seizing After 9/11: Developing And Applying Empirical Methodology To Measure Judicial Output Inthe Supreme Court's Section 8 Jurisprudence, Richard Jochelson, Michael Weinrath, Melaine Janelle Murchison
Dalhousie Law Journal
In 2005, Margit Cohn and Mordechai Kremnitzer created a multidimensional model to measure judicial discourse inherent in the decision making of constitutional courts. Their model set out multiple indicia bywhich to measure whether the court acted within proper constitutional constraints in order to determine the extent to which a court rendered a decision that was activist or restrained. This study attempts to operationalize that model. We use this model to analyze changes in interpretation of search and seizure law under section 8 after the enactment of the Canadian Charter of Rights and Freedoms at the Supreme Court of Canada. The …
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
A Sea Change In Security: How The ‘War On Terror’ Strengthened Human Rights, Michael Galchinsky
A Sea Change In Security: How The ‘War On Terror’ Strengthened Human Rights, Michael Galchinsky
English Faculty Publications
In many ways the Bush administration's "war on terror" weakened states' respect for their human rights obligations, and the UN Security Council's initial response to 9/11 seemed to follow the Bush administration's lead. In keeping with its historical lack of engagement with human rights questions, the SC in 2001-2003 did little to ensure that the counter-terrorism measures it demanded of states would take their obligations under human rights and humanitarian law into account. However, starting in 2002, a backlash against the perceived excesses wrought by the SC’s counter-terrorism measures gained momentum. Other UN bodies, as well as NGOs, regional intergovernmental …
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Law Faculty Publications
In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint was a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends …
Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck
Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck
Presentations
On September 8, 2011, the American University National Security Law Brief and the Law and Government Program at American University’s Washington College of Law hosted a candid discussion on the changes throughout the American legal system in the 10 years since the tragic September 11th attacks. The event featured a keynote address from Michael Leiter, Director of the National Counterterrorism Center from 2007-2011, followed by a panel discussion with John Carlin, Principal Deputy to the Assistant Attorney General of the Department of Justice’s National Security Division; Ivan Fong, General Counsel at the Department of Homeland Security; Stephen Vladeck, Professor of …
Secrecy And Self-Governance, Geoffrey R. Stone
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
NYLS Law Review
No abstract provided.
The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo
The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
NYLS Law Review
No abstract provided.
The War On Terror: Where We Are And How We Got There, Michael B. Mukasey
The War On Terror: Where We Are And How We Got There, Michael B. Mukasey
NYLS Law Review
No abstract provided.
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
Articles, Book Chapters, & Popular Press
After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and …
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
UF Law Faculty Publications
Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Infringement On Civil Liberties After 9/11, Donna Lieberman
Infringement On Civil Liberties After 9/11, Donna Lieberman
NYLS Law Review
No abstract provided.
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
Judicial Foreign Relations Authority After 9/11, Martin S. Flaherty
NYLS Law Review
No abstract provided.
The September 11th Victim Compensation Fund Of 2001: Policy And Precedent, Kenneth R. Feinberg
The September 11th Victim Compensation Fund Of 2001: Policy And Precedent, Kenneth R. Feinberg
NYLS Law Review
No abstract provided.