National Security Law Commons^™

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.

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.

Extraterritorial Reach Of The Great Writ At Common Law: The Constitution Guarantees The Guantanamo Bay Detainees A Right To Habeas Corpus, Abigail S. Kurland

Florida A & M University Law Review

No abstract provided.

The Cia's Public Operational Files: Accessing Files Exempt From The Cia Information Act Of 1984 Because Of Investigations Into Illegal Or Improper Activity, Hannah H. Bergman

Florida A & M University 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.

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

West Virginia Law Review

No abstract provided.

Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson

All Faculty Scholarship

The 'War on Terror' has prompted a great deal of discussion about the use of torture as a means of extracting information from those suspected of having perpetrated past acts of violence or planning future ones. Despite the years that have passed since the attacks of September 11, 2001, for both citizens and government officials there is still a strong tension between the competing emotions of anger, revenge, and desperation; it seems increasingly difficult to adhere to international norms governing a nation's moral and legal obligations to protect its citizens from grave danger while continuing to support individual freedoms. Among …

Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito

Faculty Publications By Year

The United States' current "war on terror" has been framed as a struggle for "civilization"; one which requires a "new paradigm of international law." The rationale for the United States' selective self-exemption from otherwise applicable international law in conducting this war has been that new and imminent threats require the re-shaping of legal doctrines. This essay considers this rationale against the backdrop of three centuries of American visions and policies, and the legal justifications put forth to justify Euroamerican expansion. It concludes that the justifications for American exceptionalism have been remarkably consistent throughout its history and that, as a result, …

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.

Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan

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.

Manipulating And Hiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams

Faculty Publications By Year

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.

Common Ground In The Sky: Extending The 1967 Outer Space Treaty To Reconcile U.S. And Chinese Security Interests, Alex B. Englehart

Washington International Law Journal

A storm is brewing 100 kilometers above the Pacific Rim. The early 21st century finds the People’s Republic of China in the throes of astronomical economic growth, national development, and military expansion. The United States, meanwhile, is staunchly determined to develop an effective missile defense system and to extend its military capabilities in space as it pursues its global war on terrorism. China sees U.S. military space activities as a threat and, along with Russia, has pushed hard in recent years for a ban on all space weapons. So far, the United States has been unwilling to negotiate on the …

Liberty, Judicial Review, And The Rule Of Law At Guantanamo: A Battle Half Won, Douglass Cassel

Journal Articles

In Boumediene v. Bush, 128 S. Ct. 2229 (2008), five members of the Supreme Court held that foreign prisoners at Guantanamo enjoy the constitutional privilege of habeas corpus; that their imprisonment had lasted too long for the Court to await completion of statutory review by lower courts of military tribunal findings that the prisoners were "enemy combatants"; and that the statutory judicial review was too deficient to substitute for the Great Writ.

Four Justices vigorously dissented. On the surface they differed on the history of the reach of the common law writ of habeas corpus, and on the procedural …

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell

Georgetown Law Faculty Publications and Other Works

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Articles

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street comers, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …

Who Is A Terrorist - Drawing The Line Between Criminal Defendants And Military Enemies, Benjamin Priester

Journal Publications

The threat of terrorist attacks by al Qaeda and other transnational terrorist organizations is a constant topic of public discourse in the United States. Despite its prominence, the nature of that threat is notoriously difficult to define. On the one hand, terrorists might be compared to other kinds of organized, dangerous criminals who should be prosecuted and punished using the federal criminal law. On the other hand, terrorists might be compared to enemy soldiers engaged in warfare against the United States. There are problems with either approach, however, because the threat posed by al Qaeda and other transnational terrorist organizations …