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Lawfare: Terrorism & The Courts

William Mitchell Law Review

No abstract provided.

This Call May Be Monitored: Is Nsa Wiretapping Legal?

William Mitchell Law Review

No abstract provided.

The Dark Side Of Counterterrorism

William Mitchell Law Review

No abstract provided.

The Power Of Information: The Clash Between The Public's Right To Know And The Government's Security Concerns In A Post-September 11th World, Adam S. Davis

William Mitchell Law Review

No abstract provided.

Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher

Faculty Scholarship

In 2006 the law of war experienced two major shock waves. The first was the decision of the Supreme Court in Hamdan, which represented the first major defeat of the President's plan, based on an executive order of November 2001, to use military tribunals against suspected international terrorists. The majority of the Court held the procedures used in the military tribunal against Hamdan violated common article three of the Geneva Conventions. A plurality offour, with the opinion written by Justice Stevens, based their decision as well on afar-reaching interpretation of the substantive law of war. They held that conspiracy …

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Examining The Declining Utility Of Military Force, Ali Wyne

Human Rights & Human Welfare

A review of:

The New American Militarism: How Americans Are Seduced by War by Andrew J. Bacevich. Oxford: Oxford University Press, 2005. 270pp.

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

The Moussaoui Case: The Mess From Minnesota, Afsheen John Radsan

William Mitchell Law Review

This article, after giving a brief history of the Moussaoui case, identifies the main paradoxes or problems of continuing to deal with him in the criminal system. By no stretch of the imagination does this article provide an exhaustive or comprehensive treatment of the Moussaoui case. Each problem, by itself, could be the subject of a separate law review article. This article suggests that Moussaoui, rather than Yaser Esam Hamdi, or Jose Padilla, or the detainees in Guantanamo Bay, could have served as the true test for determining the minimum process that the American Constitutional system owes to an individual …

Hamdi Meets Youngstown: Justice Jackson's Wartime Security Jurisprudence And The Detention Of Enemy Combatants, Sarah H. Cleveland

Faculty Scholarship

More than any Justice who has sat on the United States Supreme Court, Associate Justice Robert H. Jackson explained how our Eighteenth Century Constitution – that "Eighteenth-Century sketch of a government hoped for" – struggles both to preserve fundamental liberties and to protect the nation against fundamental threats. Drawing upon his collective experience as a solo practitioner with only one year of formal legal education at Albany Law School; government tax and antitrust lawyer, Solicitor General, and Attorney General in the Roosevelt Administration; Associate Justice to the Supreme Court; and Representative and Chief of Counsel for the United States at …

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

Military Exemptions From Environmental Regulations: Unwarranted Special Treatment Or Necessary Relief, Erin Truban

Villanova Environmental Law Journal (1991 - )

No abstract provided.

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Scholarly Works

This Article examines the development of the Matrix program and analyzes its effect on what Justices Warren and Brandeis termed the individual's "right to be let alone." To understand the Matrix's effect on individual privacy, one must scrutinize the program in the context of United States history.From the Alien and Sedition Acts to the Red Squads of the 1960s and 1970.

Part II of this Article examines how civil liberties often suffer unnecessarily in times of national crisis. Part III then discusses how this truism applies in the current "war on terror" and details the development and operation of the …

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

Don't Forget What We're Fighting For: Will The Fourth Amendment Be A Casualty Of The War On Terror?, Heath H. Galloway

Washington and Lee Law Review

No abstract provided.

State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Cyberattack! Are We At War?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden

International Law Studies

No abstract provided.

What's Left Of Salt?, Richard T. Ackley

International Law Studies

No abstract provided.

The National Executive And The Use Of The Armed Forces Abroad, John Norton Moore

International Law Studies

No abstract provided.

Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch

International Law Studies

No abstract provided.

Presidential Control Of Nuclear Weapons In Limited War Situations, Hugh F. Lynch

International Law Studies

No abstract provided.

The Steel Seizure Case: Congress, The President And The Supreme Court, Paul G. Kauper

Michigan Law Review

Questions relating to the legislative authority of Congress and of the several states have given rise to an immense mass of constitutional litigation ever since the time that the Supreme Court in Marbury v. Madison asserted its power of judicial review. Many of these cases have turned on the division of legislative authority between Congress and the state legislatures under our federal system. Yet within this same span of time relatively few cases have arisen to challenge the assertions of presidential power, and in only a few instances has the Court found occasion to speak at length on the questions …