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National Security Law Commons™

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2003

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Full-Text Articles in National Security Law

National Security Entry Exit Registration System (Nseers), Kareem Shora Dec 2003

National Security Entry Exit Registration System (Nseers), Kareem Shora

Cardozo Public Law, Policy & Ethics Journal

The article argues that the National Security Entry-Exit Registration System (NSEERS) disproportionately targets Arab and Muslim individuals, violating their civil rights under the pretext of national security. It contends that the program exceeds the authority granted by Congress and is implemented in a discriminatory manner, leading to significant detentions and deportations without substantial security benefits.

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Examining The Post September 11, 2001 Practices Of Accredited And Non-Accredited Law Enforcement Agencies In The Aspects Of Training, Legal And Service Delivery, Eugene G. Savage Nov 2003

Examining The Post September 11, 2001 Practices Of Accredited And Non-Accredited Law Enforcement Agencies In The Aspects Of Training, Legal And Service Delivery, Eugene G. Savage

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Homeland security measures and the preparation of local law enforcement are reviewed, in light of September 11, 2001, to determine their effect on the Constitutional rights of citizens, the delivery of law enforcement services, e.g., call response and the training methodologies, and the fiscal impact to fulfill the new policing mandates. The study reviews aggressive measures, normally vested with federal law enforcement agencies, to determine if local police are also utilizing similar methods for the sake of national security and if such measures are undermining ethical and legal practices previously exercised by local police. This research also examines the distinction …

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It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson Oct 2003

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

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The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak Oct 2003

The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.

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Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker Oct 2003

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …

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Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole Aug 2003

Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole

Michigan Law Review

As virtually every law student who studies Marbury v. Madison learns, Chief Justice John Marshall's tactical genius was to establish judicial review in a case where the result could not be challenged. As a technical matter, Marbury lost, and the executive branch won. As furious as President Jefferson reportedly was with the decision, there was nothing he could do about it, for there was no mandate to defy. The Court's decision offered no remedy for Marbury himself, whose rights were directly at issue, and whose rights the Court found had indeed been violated. But over time, it became clear that …

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Restricting The Flow Of Funds From U.S. Charities To International Terrorist Organizations - A Proposal, Mindy Herzfeld Jul 2003

Restricting The Flow Of Funds From U.S. Charities To International Terrorist Organizations - A Proposal, Mindy Herzfeld

UF Law Faculty Publications

This paper argues that the Internal Revenue Service should take a more active stance in denying tax exemption to organizations that finance terrorist activities abroad. The paper explores the well-established principle that organizations granted U.S. tax-exemption must act consistently with national public policy, and the application of that principle to charitable organizations that send monies overseas. To foster that policy, the Service should apply special guidelines to charitable organizations that channel contributions abroad, similar to the special guidelines in effect for tax-exempt private schools. In addition, legislative changes should be made to advance such a goal in order to provide …

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Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley Jul 2003

Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley

University of Miami Law Review

No abstract provided.

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And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks Jul 2003

And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks

University of Miami Law Review

No abstract provided.

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Preemptive Strikes And The Korean Nuclear Crisis: Legal And Political Limitations On The Use Of Force, Kelly J. Malone May 2003

Preemptive Strikes And The Korean Nuclear Crisis: Legal And Political Limitations On The Use Of Force, Kelly J. Malone

Washington International Law Journal

On January 29, 2002, President George W. Bush linked North Korea, Iran and Iraq as members of an "Axis of Evil," alleging that North Korea's attempts to acquire weapons of mass destruction constituted a threat to international peace and security. On September 20, 2002, the Bush Administration released its National Security Strategy ("Strategy"). The Strategy adopted a doctrine of preemptive action that, although recognized historically, has been significantly limited by the U.N. Charter. In doing so, the Bush Administration has challenged traditional limits on the use of force, attempting to adapt the concept of "imminent threat" to the danger posed …

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Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney May 2003

Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney

Michigan Law Review

Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.

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International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.

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Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

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 …

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Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker Apr 2003

Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker

Osgoode Hall Law Journal

The impact of 9/11 on Canada is assessed in historical context, in relation to the coming of the Cold War in the 1940s and the October 1970 Le Front de Liberation du Quebec terrorist crisis in Quebec. Canadian policy responses to 9/11 are then considered in the comparative context of responses from Canada's closest neighbours, the United States and the United Kingdom. Although to some degree, Canada can be seen to be trying to 'keep up with the neighbours', Canadian responses are more determined by specifically Canadian requirements, especially the need to protect Canadian sovereignty and economic security from the …

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The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue Apr 2003

The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue

Osgoode Hall Law Journal

This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal "anti-terrorism" legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.

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Tradition, Judges, And Civil Liberties In Canada, Douglas Hay Apr 2003

Tradition, Judges, And Civil Liberties In Canada, Douglas Hay

Osgoode Hall Law Journal

Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict

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Whose Line In The Sand: Can Environmental Protection And National Security Coexist, And Should The Government Be Held Liable For Not Attaining This Goal?, Ekundayo B. George Apr 2003

Whose Line In The Sand: Can Environmental Protection And National Security Coexist, And Should The Government Be Held Liable For Not Attaining This Goal?, Ekundayo B. George

William & Mary Environmental Law and Policy Review

No abstract provided.

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No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi Apr 2003

No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi

Osgoode Hall Law Journal

After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.

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Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Mar 2003

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

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Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin Mar 2003

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

University of Richmond Law Review

No abstract provided.

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Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Mar 2003

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

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It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner Mar 2003

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.

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Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen Mar 2003

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

University of Richmond Law Review

No abstract provided.

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Annan Leaves Door Open For U.S. Action, Alan J. Meese Feb 2003

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Popular Media

No abstract provided.

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A Changing World: A Commercial Landlord's Duty To Prevent Terrorist Attacks In Post-September 11th America, 36 J. Marshall L. Rev. 669 (2003), Thomas C. Homburger, Timothy J. Grant Jan 2003

A Changing World: A Commercial Landlord's Duty To Prevent Terrorist Attacks In Post-September 11th America, 36 J. Marshall L. Rev. 669 (2003), Thomas C. Homburger, Timothy J. Grant

UIC Law Review

No abstract provided.

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Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl Jan 2003

Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl

Scholarly Articles

This article examines shifts in international law regarding the use of force -- the jus ad bellum -- that emerged in the wake of the September 11, 2001, terrorist attacks and subsequently were invoked in part by the United States and United Kingdom to justify military intervention in Iraq. These shifts import some elasticity -- in time, space, and place -- into the preexisting legal understanding of self-defense. To be sure, the general consensus that supported the use of force in Afghanistan as a legitimate exercise of self-defense has diluted as the use of that force expanded into other theaters …

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Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

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Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert Jan 2003

Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert

Michigan Journal of Race and Law

This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …

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When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku Jan 2003

When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku

Michigan Journal of International Law

In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity …

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Security And Freedom: Are The Government's Efforts To Deal With Terrorism Volatile Of Our Freedoms?, Michael P. Scharf Jan 2003

Security And Freedom: Are The Government's Efforts To Deal With Terrorism Volatile Of Our Freedoms?, Michael P. Scharf

Faculty Publications

Introducation to the Proceedings of the Canada-United States Law Institute Conference on Canada-U.S. Security and the Economy in the North American Context, Cleveland, Ohio, 2003.

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