Open Access. Powered by Scholars. Published by Universities.®

National Security Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2003

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 50 of 50

Full-Text Articles in National Security Law

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell Jan 2003

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Journal Articles

Presents a speech by law professor Mary Ellen O'Connell, delivered at the Case Western Reserve School of Law's War Crimes Research Symposium, February 28, 2003. Legal implications of pursuing terror suspects using military action by the U.S. government; Components of armed conflict; Analysis of the United States' involvement in the internal armed conflict in the Philippines.

Go to article

Conspiracy Definition Affects War On Terror, Heather Anne Egan Jan 2003

Conspiracy Definition Affects War On Terror, Heather Anne Egan

Public Interest Law Reporter

No abstract provided.

Go to article

Special Registration: Past And Present, Consequences And Remedies, Diana C. Bauerle Jan 2003

Special Registration: Past And Present, Consequences And Remedies, Diana C. Bauerle

Public Interest Law Reporter

No abstract provided.

Go to article

Chicago City Council Opposes Patriot Act, Andrew Dougherty Jan 2003

Chicago City Council Opposes Patriot Act, Andrew Dougherty

Public Interest Law Reporter

No abstract provided.

Go to article

Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs Jan 2003

Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs

Journal of Law and Health

The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's constitutional …

Go to article

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman Jan 2003

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …

Go to article

The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt Jan 2003

The Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt

Faculty Works

For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …

Go to article

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec Jan 2003

The Classified Information Protection Act: Killing The Messenger Or Killing The Message, Mitchell J. Michalec

Cleveland State Law Review

The purpose of this Note is to discuss the adequacy of existing statutory and administrative protections for classified information, examine how the agencies responsible for protecting this information implemented controls, and how the courts interpreted these existing protections. This Note argues that the failure of the government to prevent "leaks" is not necessarily a failure of the existing scheme, but rather a failure of the government to apply current controls. Furthermore, it demonstrates that the Classified Information Protection Act is an unnecessary, overbroad, and in some cases, ineffective alternative to the existing protections, with a great potential for abuse. If …

Go to article

The Trouble With Shadow Government, Howard M. Wasserman Jan 2003

The Trouble With Shadow Government, Howard M. Wasserman

Faculty Publications

No abstract provided.

Go to article

The Virtues And Vices Of Solidarity: Regulating The Roles Of Lawyers For Clients Accused Of Terrorist Activity, Peter Margulies Jan 2003

The Virtues And Vices Of Solidarity: Regulating The Roles Of Lawyers For Clients Accused Of Terrorist Activity, Peter Margulies

Maryland Law Review

No abstract provided.

Go to article

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow Jan 2003

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Maryland Law Review

No abstract provided.

Go to article

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero Jan 2003

Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero

Faculty Scholarship

Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …

Go to article

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero Jan 2003

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

Go to article

Public Area Surveillance And Police Work: The Impact Of Cctv On Police Behaviour And Autonomy, Benjamin J. Goold Jan 2003

Public Area Surveillance And Police Work: The Impact Of Cctv On Police Behaviour And Autonomy, Benjamin J. Goold

All Faculty Publications

Drawing on a recent study of the impact of closed circuit television (CCTV) cameras on policing practices in a large English police force, this paper considers whether the presence of surveillance cameras affects the working attitudes and behaviour of individual police officers. In particular, this paper asks whether CCTV makes the police more accountable or more cautious in the exercise of their discretion in public spaces. Although noting that in certain circumstances CCTV may inadvertently help to reduce incidences of police misconduct, this paper concludes by arguing that more needs to be done to prevent the police from interfering with …

Go to article

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler Jan 2003

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Go to article

Their Liberties, Our Security: Democracy And Double Standards, David Cole Jan 2003

Their Liberties, Our Security: Democracy And Double Standards, David Cole

Georgetown Law Faculty Publications and Other Works

Some maintain that a "double standard" for citizens and noncitizens is perfectly justified. The attacks of September 11 were perpetrated by nineteen Arab noncitizens, and we have reason to believe that other Arab noncitizens are associated with the attackers and will seek to attack again. Citizens, it is said, are presumptively loyal; noncitizens are not. Thus, it is not irrational to focus on Arab noncitizens. Moreover, on a normative level, if citizens and noncitizens were treated identically, citizenship itself might be rendered meaningless. The very essence of war involves the drawing of lines in the sand between citizens of our …

Go to article

The National Security Presidency In Constitutional Context: Reflections On Terrorism And The Presidency From The Last Ten Years, James E. Baker Jan 2003

The National Security Presidency In Constitutional Context: Reflections On Terrorism And The Presidency From The Last Ten Years, James E. Baker

Georgetown Law Faculty Publications and Other Works

In this time of terrorist threat, there is no more important institution to study than the national security presidency. That is because the president is singularly situated to command the instruments to counter terrorism. He is also singularly situated to ensure that such instruments are used effectively, lawfully, and in a manner consistent with constitutional values. I believe I have a duty, based on where I have been, to help others observe and understand the institution of the presidency. I do so because I want the national security presidency to succeed in providing for our physical security and in upholding …

Go to article

Law In The Heart Of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks Jan 2003

Law In The Heart Of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Our faith in the law is rarely tested, since in America, at least, few of us ordinary people ever find ourselves at the extremes, confronting violence and terror. But the extremes have a way of creeping up on us, and the unimaginable can quickly and imperceptibly begin to seem routine. Millions of ordinary Europeans discovered this in the middle of the last century, and thousands of ordinary Americans discovered it in Vietnam. Some Americans are discovering it again today in the mountains and deserts of Afghanistan and Iraq. Experientially, there is often no sharp dividing line between "ordinary" life and …

Go to article

Rogue Science, Maxwell Gregg Bloche Jan 2003

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Go to article

At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash Jan 2003

At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash

Kentucky Law Journal

No abstract provided.

Go to article

First Prev