National Security Law Commons^™

Why The Hubbub About Habeas?: A Post-Mortem On A Failed Policy, Joseph Margulies

William Mitchell Law Review

No abstract provided.

Taking The "Combat" Out Of The "Enemy Combatant" Category: Yet Another Expansion Of The President's Authority To Indefinitely Detain "Enemy Combatants" Within The United States—Al-Marri V. Pucciarelli, 534 F.3d 213 (4th Cir. 2008), Scott M. Kranz

William Mitchell Law Review

No abstract provided.

Funding Bin Laden's Avatar: A Proposal For The Regulation Of Virtual Hawalas, Stephen I. Landman

William Mitchell Law Review

No abstract provided.

Security Vs. The Law: A False Choice, Walter F. Mondale

William Mitchell Law Review

No abstract provided.

Terrorist Detention: Directions For Reform, Benjamin Priester

Journal Publications

Counterterrorism efforts by the U.S. government since 2001 have produced numerous legal controversies. One of the most controversial subjects has been the detention of individuals allegedly involved with terrorist organizations or activities. Unlike traditional criminal detainees, such persons are not held pursuant to indictment on charges pending trial or to a verdict of conviction. Unlike traditional military detainees, they are not battlefield captives from combat in a war zone against the military forces of another nation. Rather, terrorist detainees are held based on the individual's alleged connections to terrorist organizations and activities, without more. Terrorist detention, so defined, is an …

Human Dignity, Humiliation, And Torture, David Luban

Georgetown Law Faculty Publications and Other Works

Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.

Roles, Missions,And Equipment: Military Lessons From Experience In This Decade, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

University of Michigan Journal of Law Reform

The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."

Military Commissions And National Security Courts After Guantánamo, Amos N. Guiora

NULR Online

No abstract provided.

Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Pass Go, Collect $200.00, And Hire Yourself An Expert – Article 46 And The Right To Expert Assistance, David Coombs

Other Scholarship

No abstract provided.

Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo

Michigan Law Review

Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …

A New, Balanced System Of Detention: An Analysis Of Neal Katyal And Jack Goldsmith's Proposal For "A Terrorists' Court", Leah Ceee O. Boomsma

William Mitchell Law Review

No abstract provided.

A Legion Of Worries: National Security Reporting In The Age Of The War On Terror, Katherine L. Johnson

William Mitchell Law Review

No abstract provided.

Transnational Terrorist Financing: Criminal And Civil Perspectives, Mark A. Drumbl

Scholarly Articles

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both …

Due Process Rights: Rendition Of A Citizen Terrorist, Sarah A. Weiss

William Mitchell Law Review

No abstract provided.

Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Lawfare Today: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt

Michigan Journal of International Law

This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?

Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry

Michigan Journal of International Law

This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.

Targeting Terrorists: The Counterrevolution, Paul Rosenzweig

William Mitchell Law Review

No abstract provided.

Ten Questions On National Security, Norman Abrams, Geoffrey S. Corn, Amos Guiora, Glenn Sulmasy

William Mitchell Law Review

No abstract provided.

Who's The Boss—The "Public Interest Vs. Agency Interest" Balancing Act Of Intelligence Agency General Counsels, Ryan M. Clark

William Mitchell Law Review

No abstract provided.

Trying Terrorists, Brian S. Carter-Stiglitz

William Mitchell Law Review

No abstract provided.

Can Government Indefinitely Detain Individuals Accused Of Being Enemy Combatants?, Deva Solomon

William Mitchell Law Review

No abstract provided.

Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.