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Full-Text Articles in Law
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert Chesney
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert Chesney
Bobby Chesney
This piece, which appears in Michigan's annual Survey of Books issue, takes two books by David Cole (one co-authored with James Dempsey) as points of departure for a review of the liberty-security debate in the years shortly after 9/11. It begins with a discussion of theoretical models associated with "balancing" liberty and security, and then proceeds to review Cole's (and Dempsey's) work on a range of issues. The article includes my first efforts to explore the material support statutes, a topic I have explored in more detail in subsequent work.
Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard
Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard
Steve Sheppard
Riffing off of George Fletcher's theory of Romanticism and war, the article reviews Fletcher's arguments, which received derisive reviews during the War against Iraq in 2003. The article takes Fletcher's approach seriously in considering the problem of war as a Romantic impulse, and the difficulties caused by that understanding. The article then derives arguments on the limits of the laws of war to apply to military actions against terrorism. The article considers the nature of collective guilt as a mitigating element in the crimes of one individual, and it considers the nature of non-state enemies in war. This last point …