Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Civil Rights and Discrimination (3)
- National Security Law (3)
- Criminal Procedure (2)
- Education Law (2)
-
- Military, War, and Peace (2)
- President/Executive Department (2)
- American Politics (1)
- Criminal Law (1)
- Emergency and Disaster Management (1)
- Human Rights Law (1)
- International Law (1)
- International Relations (1)
- Law Enforcement and Corrections (1)
- Law and Politics (1)
- Law and Society (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Science and Technology Law (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
Law and Contemporary Problems
Government requests to suspend civil liberties are always rationalized by "crisis." In the aftermath of the terrorist attacks of Sep 11, 2001, not only legal scholars but all Americans wondered what the civil liberties fallout would be. A particular area of concern was, and still is, the First Amendment protections, especially of speech and press.
Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude
Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude
Articles by Maurer Faculty
No abstract provided.
Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever
Civil Liberties And The Grave Danger Of Terrorism: Speech Before The Cuyahoga County Bar Ass'n Bd Of Trustee, Arthur R. Landever
Law Faculty Presentations and Testimony
Supporters and Opponents endorse Lincoln's caution that the "dogmas of the quiet past are inadequate to the stormy present. We must think anew." All sides also agree that "eternal vigilance is the price of liberty." But what do such words mean in the world following 9/11? Supporters and Opponents of the National Government's anti-terrorism policies have starkly different perceptions. This is so as to a) the crisis we face, b) the need for particular policies, and c) the impact on civil liberties and upon our Constitutional system. Clearly, lawyers have a special duty to understand those differing perceptions in order …
Transcript For Panel Two: Criminal Law And Dna Science: Balancing Societal Interests And Civil Liberties, American University Law Review
Transcript For Panel Two: Criminal Law And Dna Science: Balancing Societal Interests And Civil Liberties, American University Law Review
American University Law Review
No abstract provided.
At War With Civil Rights And Civil Liberties, Thomas E. Baker
At War With Civil Rights And Civil Liberties, Thomas E. Baker
Faculty Publications
This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.
At War With Civil Rights And Civil Liberties, Thomas E. Baker
At War With Civil Rights And Civil Liberties, Thomas E. Baker
Case Western Reserve Journal of International Law
No abstract provided.
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Akron Law Faculty Publications
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky
Martin H. Belsky
The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …
The War On Terrorism And Civil Liberties, Jules Lobel
The War On Terrorism And Civil Liberties, Jules Lobel
Articles
Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
UF Law Faculty Publications
This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs
Fordham Urban Law Journal
This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …