Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Military, War, and Peace (15)
- Constitutional Law (10)
- Criminal Law (9)
- President/Executive Department (9)
- Human Rights Law (6)
-
- Law Enforcement and Corrections (6)
- International Law (5)
- Civil Rights and Discrimination (4)
- Immigration Law (4)
- Administrative Law (3)
- First Amendment (3)
- Law and Politics (3)
- Supreme Court of the United States (3)
- Courts (2)
- Criminal Procedure (2)
- Environmental Law (2)
- Jurisprudence (2)
- Legislation (2)
- Rule of Law (2)
- Torts (2)
- Transnational Law (2)
- Banking and Finance Law (1)
- Comparative and Foreign Law (1)
- European Law (1)
- Evidence (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- Institution
-
- University of the District of Columbia School of Law (8)
- New York Law School (6)
- University of Missouri School of Law (5)
- William & Mary Law School (5)
- Georgetown University Law Center (4)
-
- University of Maryland Francis King Carey School of Law (4)
- University of Michigan Law School (3)
- University of the Pacific (3)
- Cleveland State University (2)
- St. Thomas University College of Law (2)
- University of Florida Levin College of Law (2)
- University of Miami Law School (2)
- Wayne State University (2)
- Brigham Young University Law School (1)
- Columbia Law School (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Roger Williams University (1)
- UIC School of Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of San Diego (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Terrorism (14)
- National security (8)
- 9/11 (7)
- September 11 (6)
- National Security (4)
-
- Antiterrorism Measures (3)
- Detention (3)
- Judicial review (3)
- Supreme Court (3)
- Torture (3)
- USA Patriot Act (3)
- Al Qaeda (2)
- Alien tort statute (2)
- Civil Liberties (2)
- Constitution (2)
- Constitutional law (2)
- Counterterrorism (2)
- Demonstrations (2)
- Discrimination (2)
- Due process (2)
- Guantanamo (2)
- Immigration (2)
- Iraq (2)
- Law (2)
- Privacy (2)
- Protests (2)
- Terrorist (2)
- Torts (2)
- Treaties (2)
- War (2)
- Publication
-
- University of the District of Columbia Law Review (8)
- Faculty Scholarship (6)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (4)
- Articles & Chapters (3)
-
- McGeorge School of Law Scholarly Articles (3)
- Cleveland State Law Review (2)
- Law Faculty Research Publications (2)
- Michigan Journal of International Law (2)
- NYLS Law Review (2)
- St. Thomas Law Review (2)
- UF Law Faculty Publications (2)
- University of Miami National Security & Armed Conflict Law Review (2)
- William & Mary Law Review (2)
- Articles by Maurer Faculty (1)
- BYU Law Review (1)
- Cardozo Journal of International and Comparative Law (1)
- Journal Articles (1)
- Kentucky Law Journal (1)
- Law Faculty Scholarship (1)
- Loyola University Chicago Law Journal (1)
- Michigan Law Review (1)
- Other Publications (1)
- Popular Media (1)
- Publications (1)
- San Diego International Law Journal (1)
- Supreme Court Preview (1)
- UIC Law Review (1)
- Villanova Environmental Law Journal (1991 - ) (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 62
Full-Text Articles in National Security Law
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
Faculty Scholarship
Fears that terrorists may have the capabilities and intent to disseminate a variety of biologic agents has once again brought smallpox into the American consciousness. On December 13, 2002, recognizing that the global discontinuation of routine smallpox vaccination over two decades ago had left most Americans unprotected and vulnerable to the ravaging effects of the virus, the President announced a precautionary measure to begin vaccinating teams of emergency responders. The program commenced January 24, 2003. In the ensuing months, public health departments scrambled to meet the goal of vaccinating approximately 500,000 first responders, a protected phalanx that could quickly and …
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
Patriotism, Nationalism, And The War On Terror: A Mild Plea In Avoidance, Winston P. Nagan, Craig Hammer
UF Law Faculty Publications
Professor Viet Dinh, a major drafter of and architectural influence upon the USA PATRIOT Act, provides an indirect scholarly justification for the far-reaching powers of the act in his article, Nationalism in the Age of Terror. Part II of this Commentary begins by exploring the ostensible underpinnings of Dinh's article by examining his understanding of nationalism. Part III explains why crony nationalism is not the best defense against global terrorism. Part IV then analyzes some significant United States foreign policy undertakings that have arguably negatively affected United States national security. Finally, in Part V we conclude by gleaning lessons from …
The Enduring Significance Of State Sovereignty, Brad R. Roth
The Enduring Significance Of State Sovereignty, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger
Conspiracy Theory: The Use Of The Conspiracy Doctrine In Times Of National Crisis, Marie E. Siesseger
William & Mary Law Review
No abstract provided.
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Faculty Scholarship
The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Faculty Scholarship
A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …
Section 2: The Law Under George W. Bush, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: The Law Under George W. Bush, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Global Test Threatens Security, Alan J. Meese
Questioning Deference, Christina E. Wells
Questioning Deference, Christina E. Wells
Faculty Publications
This article examines the accepted axiom that courts should defer to the government's actions during national security crises even when such actions potentially violate citizens' constitutional rights. The paper questions two assumptions underlying that axiom - first, that executive officials are best equipped to determine when security needs justify liberty infringements and, second, that judges are particularly unqualified to meddle in security issues, even when civil liberties are involved. Relying on psychological theories regarding the role that fear plays in skewing risk assessment and historical analyses of past crises, the paper argues that times of crisis lend themselves to unnecessary …
Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben
Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben
Faculty Publications
As we have heard time and again during this conference, perspective is a crucial safeguard against the distorting effect of fear. While space and consumer patience may be thin, it is during times of crisis that the media's capacity to provide context becomes most important. This is part of the challenge of risk communication. Editors need to insist on this perspective rather than trying to cut it out if the story still reads, and reporters need to learn how to write about it effectively as well as compellingly. None of these challenges is easy. Institutional reform never is. But I …
Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt
Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt
Faculty Publications
The articles and essays included or referenced in this volume discuss both the factors that affect decision making in times of crisis and their implications for law and democratic theory. Professor Cass Sunstein's keynote address, Fear and Liberty, noted that psychological biases such as the availability heuristic and probability neglect can skew risk perception, leading to excessive public fear of national security risks and unreasonable curtailment of civil liberties. According to Sunstein, courts, which are typically responsible for protecting civil liberties, often lack sufficient information to assess whether national security concerns justify incursions on civil liberties. Nevertheless, he concluded that …
"National Security" Information And The Freedom Of Information Act, Christina E. Wells
"National Security" Information And The Freedom Of Information Act, Christina E. Wells
Faculty Publications
Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
Terrorism, Security, And Environmental Protection, Stephen M. Johnson
William & Mary Environmental Law and Policy Review
No abstract provided.
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
University of the District of Columbia Law Review
Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …
Excerpted Remarks Of Nadine Strossen, Nadine Strossen
Excerpted Remarks Of Nadine Strossen, Nadine Strossen
University of the District of Columbia Law Review
No abstract provided.
Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice
Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice
University of the District of Columbia Law Review
This report was prepared in December 2003 in order to stimulate a dialogue on the role the District of Columbia government should play with the federal government in attempting to achieve an appropriate balance between physical security and open access to public space when deciding on traffic restrictions around or near federal buildings or federal sites in the District of Columbia. A summary of this report was presented at the UDC/DCSL Law Review November 2003 symposium "In the Aftermath of September 11: Defending Civil liberties in the Nation's Capital." Since this report was prepared there has been an ebb and …
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.
Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner
Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner
University of the District of Columbia Law Review
From the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act' and other measures2 ostensibly intended to enhance …
Presentation By Councilmember Kathy Patterson, Kathy Patterson
Presentation By Councilmember Kathy Patterson, Kathy Patterson
University of the District of Columbia Law Review
No abstract provided.
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
University of the District of Columbia Law Review
No abstract provided.
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
University of the District of Columbia Law Review
The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Faculty Scholarship
Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …
Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis
Cardozo Journal of International and Comparative Law
The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari
BYU Law Review
No abstract provided.
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
High Alert: The Government's War On The Financing Of Terrorism And Its Implication For Donors, Domestic Charitable Organizations, And Global Philanthropy, Nina J. Crimm
William & Mary Law Review
Within days after the September 11 terrorist attacks, the U.S. government extended its already existing commitment to combat terrorism. President Bush declared a financial war on terrorism, with the aim of depriving terrorists of their necessary financial support. He issued Executive Order 13,224, which ordered the blocking of assets of specially designated global terrorists.' Congress enacted legislation that not only fortified previously existing criminal and civil laws, but also added new ones for use in combating terrorists and terrorism. The Bush Administration dedicated resources to existing and newly created governmental structures that would be responsible for enforcing these laws and …
Race, "National Security," And Unintended Consequences: A Sideways Glance At Brown V. Board Of Education At Fifty, Mark K. Moller
Race, "National Security," And Unintended Consequences: A Sideways Glance At Brown V. Board Of Education At Fifty, Mark K. Moller
Loyola University Chicago Law Journal
No abstract provided.