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Articles 1 - 4 of 4
Full-Text Articles in Law
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Deterrence, David Crump
Deterrence, David Crump
St. Mary's Law Journal
Using A Civil Suit To Punish/Deter Sponsors Of Terrorism: Connecting Arafat & The Plo To The Terror Attacks In The Second Intifada, Jeffrey F. Addicott
Civil litigation has fantastic potential to punish acts of terror and to deter future acts. However, there exists a conundrum regarding the establishment of the factual connection between the regime that secretly sponsors or supports terror and the actual acts of terror. To hold a regime responsible for terrorism, accountability must be established.
The ongoing civil action of Sokolow v. The Palestine Liberation Organization (PLO) perfectly illustrates this dilemma—on the one hand the offending regime disavows acts of terror while on the other hand it secretly supports and orchestrates terror. However, Yasser Arafat, President of the Palestinian National Assembly ...
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgments To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
The primary consequence of the attacks on 9/11 on the U.S. was a fundamental legal shift in the approach that the U.S. has taken when confronting terrorism and the States that support them. The new challenge of the post 9/11 approach focused on ways to effectively combat not only terrorist organizations but also the States that sponsor them. This new thinking demands that Western democracies adopt an internationally based functional legal methodology that can deter rogue States from sponsoring terrorism.
Civil litigation against States that sponsor or support terrorism is a potential legal tool which could ...