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Articles 1 - 5 of 5
Full-Text Articles in Law
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert M. Bloom, William J. Dunn
Robert M. Bloom
In recent months, there have been many revelations about the tactics used by the Bush Administration to prosecute their war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This paper focuses on the revelation and widespread criticism of the Bush Administration’s operation of a warrantless electronic surveillance program to monitor international phone calls and emails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence collection …
A Missed Chance For Justice In Court, Tamar R. Birckhead
A Missed Chance For Justice In Court, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
Articles
In just a few years, seven decades will have passed since the U.S. Supreme Court’s decision in Korematsu v. U.S., one of the most reviled of all of the Court’s cases. Despised or not, however, similarities between the World War II era and our own have people looking at Korematsu in a new light. When the Court decided Korematsu in 1944, we were at war with the Japanese empire, and with this came considerable suspicion of anyone who shared the ethnicity of our foreign enemies. Since 2001, we have faced another external threat – from the al Queda terrorists – …
Aryans, Gender, And American Politics, Robert Tsai
Aryans, Gender, And American Politics, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community"
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Articles
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across …