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National Security Law Commons™

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2004

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Articles 31 - 60 of 62

Full-Text Articles in National Security Law

The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii Jan 2004

The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …


Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy Jan 2004

Panel One: Unfunding Terror--Perspectives On Unfundingterror: Commentary, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


The Alien Tort Statute: An Emerging Threat To National Security, Mark E. Rosen Jagc Jan 2004

The Alien Tort Statute: An Emerging Threat To National Security, Mark E. Rosen Jagc

St. Thomas Law Review

The American judicial system has been remarkably well insulated from the pressures of international law. Consequently, when federal judges try to apply international principles in domestic cases there are mistakes and collateral damage. This is a story of how some federal courts have taken the relatively obscure Alien Tort Statute ("ATS"), a two hundred year old law, and applied it in such a bizarre fashion that it threatens the overseas activities of most U.S. companies. It also threatens U.S. security operations, since the Department of Defense ("DOD") relies heavily on contractors for essential combat support services in foreign theaters of …


The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill Jan 2004

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.


The United Nations Security Council's Quest For Effectiveness, Emilio J. Cárdenas Jan 2004

The United Nations Security Council's Quest For Effectiveness, Emilio J. Cárdenas

Michigan Journal of International Law

The terrorist attacks of September 11, 2001, on New York's World Trade Center Towers and Washington's Pentagon, instantly refocused the United Nations' attention on the issue of international terrorism. The Security Council (Council) responded immediately: first, on September 12, 2001, with an unequivocal condemnation of the attacks, contained in Resolution 1368 (2001), and second, on September 28, 2001, with the enactment of Resolution 1373 (2001), which, under Chapter VII of the Charter, mandated that all Member States take specific actions to combat international terrorism. Terrorism was rightly understood to be "a threat to international peace and security."


The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner Jan 2004

The New Post 9/11 America Or The Making Of King George: A Review Of Executive Power In The Effort To Combat Global Terrorism As It Relates To The Power Of The Purse, Woodrow E. Turner

West Virginia Law Review

No abstract provided.


Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells Jan 2004

Information Control In Times Of Crisis: The Tools Of Repression (Symposium, Privacy And Surveillance), Christina E. Wells

Faculty Publications

This article identifies several tools of information control that occur consistently throughout history. The government does not use all of these tools in every national security crisis. Nor does it always abuse them. However, the patterns that emerge suggest a certain predictability to (1) the government's actions during national security crises, and (2) the potentially negative consequences flowing from them that warrants our attention. Understanding this historical pattern of government action allows one to identify and potentially prevent future problems. This is especially important in the post-9/11 world in which the government has asked for and received controversial powers with …


The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus Jan 2004

The War Against Iraq And The Future Of International Law: Hegemony Or Pluralism?, Andreas Paulus

Michigan Journal of International Law

This Article is devoted to the question of the future relevance of international law at a time when the idea of a "rule of law" in international affairs seems to be waning. Why should the sole superpower look to international law in its quest for protection from dangers of weapons of mass destruction and terrorists? Is the European insistence on questions of legality, which was visible in the dramatic British attempts to secure some kind of Security Council backing and to advance international legal arguments for its participation in the invasion of Iraq, more than a fig leaf for a …


Military Exemptions From Environmental Regulations: Unwarranted Special Treatment Or Necessary Relief, Erin Truban Jan 2004

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

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The New Bush National Security Doctrine And The Rule Of Law, Winston P. Nagan, Craig Hammer Jan 2004

The New Bush National Security Doctrine And The Rule Of Law, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

The war on terrorism has dramatically impacted the direction of U.S. foreign policy, as well as the strategic and tactical operations for securing its objectives. Three questions central to U.S. foreign relations are whether these interests are consistent with international law; whether the United States seeks to modify international law to secure its interests; or whether foreign policy makers see the need to significantly change international legal standards. The aftermath of the of the attacks of September 11, 2001 in the United States triggered an intuitive reaction that the normal rules of restraint embodied in international law might no longer …


Corporate Social Responsibility, Unmasked, Terry Collingsworth Jan 2004

Corporate Social Responsibility, Unmasked, Terry Collingsworth

St. Thomas Law Review

The scope and future of the Alien Tort Claims Act ("ATCA") may well be decided this term by the Supreme Court in Alvarez-Machain v. United States. However that case is decided, the review process has exposed an extremely critical issue that has great significance to the future of the global economy. The major international business organizations in the United States, including the National Foreign Trade Council ("NFTC"), the U.S. Chamber of Commerce, the U.S. Council for International Business and the U.S. Business Roundtable, collectively filed an amicus curiae brief in Alvarez-Machain ("NFTC Brief") that explicitly states what those of us …


Torture, Marcy Strauss Jan 2004

Torture, Marcy Strauss

NYLS Law Review

No abstract provided.


Patriot Act Ii And Denationalization: An Unconstitutional Attempt To Revive Stripping Americans Of Their Citizenship, Nora Graham Jan 2004

Patriot Act Ii And Denationalization: An Unconstitutional Attempt To Revive Stripping Americans Of Their Citizenship, Nora Graham

Cleveland State Law Review

This Note will examine the rise and fall of denationalization in the United States and argue that Section 501 of Patriot Act II, which seeks to revive denationalization by amending the Immigration and Nationality Act, will be unconstitutional if passed by Congress in its present form. Part II of this Note will examine the history of denationalization in the United States. Part Ill explores in detail the proposed amendments to the Immigration and Nationality Act in Section 501 of Patriot Act II that provide for a revival of denationalization. This section also discusses the potential for abuses that may result …


Bordering On Terror: Global Business In Times Of Terror--The Legal Issues: Introduction, Elizabeth Rindskopf Parker Jan 2004

Bordering On Terror: Global Business In Times Of Terror--The Legal Issues: Introduction, Elizabeth Rindskopf Parker

McGeorge School of Law Scholarly Articles

No abstract provided.


Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal Jan 2004

Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court in Rasul v. Bush and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens' majority opinion held that "the federal courts have jurisdiction to determine the legality of the Executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing." This holding is potentially unbounded, perhaps enabling someone detained at Kandahar or even Diego Garcia to challenge his detention via the great writ. It appears to be a striking break from the 1950 Johnson v. Eisentrager decision, which strongly intimated that …


Race, Immigration, And The Department Of Homeland Security, Victor C. Romero Jan 2004

Race, Immigration, And The Department Of Homeland Security, Victor C. Romero

Faculty Scholarship

Despite the wisdom of separating the service and enforcement functions of our immigration bureau, the new tripartite system under the auspices of the Department of Homeland Security risks fueling the "immigrant Arab as terrorist" stereotype, rather than helping to re-establish the reality that noncitizen terrorists, like U.S. citizen ones, are a rare species.


Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn Jan 2004

Use Of Secret Evidence By Government Lawyers: Balancing Defendants' Rights With National Security Concerns, Tracy L. Conn

Cleveland State Law Review

The ability to use secret evidence in trials involving national security matters is an extremely controversial power of the government lawyer. Although the use of secret evidence was a divisive issue before September 11, 2001, the terrorist attacks that day sparked the passage of new legislation that increased the power of the government lawyer to use classified evidence. By examining the cases involving secret evidence both before and after September 11, in particular the case of Zacarias Moussaoui, it becomes apparent that what is at stake is the appropriate balance between national security concerns and the constitutional rights of defendants. …


The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz Jan 2004

The Torture Warrant: A Response To Professor Strauss, Alan M. Dershowitz

NYLS Law Review

No abstract provided.


Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer Jan 2004

Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer

Michigan Law Review

Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …


The Legal Case Against The Global War On Terror, Mary Ellen O'Connell Jan 2004

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Journal Articles

In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …


Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror?, Jeffrey F. Addicott Jan 2004

Into The Star Chamber: Does The United States Engage In The Use Of Torture Or Similar Illegal Practices In The War On Terror?, Jeffrey F. Addicott

Kentucky Law Journal

No abstract provided.


Was Bedeutet "Terrorismus?", Michael P. Malloy Jan 2004

Was Bedeutet "Terrorismus?", Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait Jan 2004

A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Unpatriotic Acts: An Introduction, Sadiq Reza Jan 2004

Unpatriotic Acts: An Introduction, Sadiq Reza

Articles & Chapters

No abstract provided.


Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart Jan 2004

Protecting The Lady From Toledo: Post-Usa Patriot Act Electronic Surveillance At The Library, Susan Nevelow Mart

Publications

Library patrons are worried about the government looking over their shoulder while they read and surf the Internet. Because of the broad provisions of the USA PATRIOT Act, the lack of judicial and legislative oversight, the potential for content overcollection, and the ease with which applications for pen register, section 215 orders, or national security letters can be obtained, these fears cannot be dismissed.


Israel's Example, Sadiq Reza Jan 2004

Israel's Example, Sadiq Reza

Other Publications

No abstract provided.


Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler Jan 2004

Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler

Articles & Chapters

No abstract provided.


International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler Jan 2004

International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks Jan 2004

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …


The Priority Of Morality: The Emergency Constitution's Blind Spot, David Cole Jan 2004

The Priority Of Morality: The Emergency Constitution's Blind Spot, David Cole

Georgetown Law Faculty Publications and Other Works

Three aspects of Bruce Ackerman’s thesis, which is a proposal to legitimate the practice of suspicionless preventive detention during emergencies, are discussed in this essay—its premises, its efficacy, and its morality. Part I critiques three of Ackerman’s premises—his underestimation of courts and overestimation of legislatures as guardians of liberty, his misguided belief that the supermajoritarian escalator provides a one-size-fits-all solution to the conundrum of emergency powers, and his contention that the short-lived character of emergencies makes it sensible to cede to a minority of our popular representatives control over critically important and largely unpredictable decisions concerning the appropriate duration of …