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Articles 2731 - 2760 of 3399

Full-Text Articles in National Security Law

Passover And Jonathan Pollard, Kenneth Lasson Apr 2007

Passover And Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins Mar 2007

The State Secrets Privilege And The Abdication Of Oversight, Jared Perkins

Brigham Young University Journal of Public Law

No abstract provided.


Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan Mar 2007

Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan

Federal Communications Law Journal

The technological progress of the past thirty years has vastly increased the surveillance capabilities of the global intelligence community. At the same time, the law governing the use of this technology and its consequent information has remained largely static. This lack of adjustment, for better or worse, has rendered federal foreign intelligence surveillance law irrelevant in many respects.


Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue Mar 2007

Terrorism And Trial By Jury: The Vices And Virtues Of British And American Criminal Law, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

British tradition and the American Constitution guarantee trial by jury for serious crime. But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways. First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence. Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, …


When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies Feb 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy Legal Issues Surrounding Guantanamo Bay, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo Jan 2007

Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo

Law Faculty Publications

No abstract provided.


The Hamdan V. Rumsfeld Decision, Thomas F. Berndt, Josiah Ramsey Fricton, Alethea M. Huyser Jan 2007

The Hamdan V. Rumsfeld Decision, Thomas F. Berndt, Josiah Ramsey Fricton, Alethea M. Huyser

William Mitchell Law Review

No abstract provided.


The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton Jan 2007

The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton

William Mitchell Law Review

No abstract provided.


Introduction, Steven R. Ratner Jan 2007

Introduction, Steven R. Ratner

Michigan Journal of International Law

The articles in this symposium issue of the Michigan Journal of International Law represent the product of a historic and path-breaking conference held at the University of Michigan Law School in February 2007. The two-day meeting brought together an extraordinary array of scholars and practitioners to examine closely the relevance of international law for the gathering of intelligence by states. Although this long-neglected topic has gained increased relevance since the use of more controversial intelligence-gathering methods by the United States as part of its "global war on terror," many of the legal issues are as old as the craft of …


Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins Jan 2007

Biometrics: Weighing Convenience And National Security Against Your Privacy, Lauren D. Adkins

Michigan Telecommunications & Technology Law Review

The biometric identifier relies on an individual's unique biological information such as a hand, iris, fingerprint, facial or voice print. When used for verification purposes, a "one-to-one" match is generated in under one second. Biometric technology can substantially improve national security by identifying and verifying individuals in a number of different contexts, providing security in ways that exceed current identification technology and limiting access to areas where security breaches are especially high, such as airport tarmacs and critical infrastructure facilities. At the same time, a legitimate public concern exists concerning the misuse of biometric technology to invade or violate personal …


Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee Jan 2007

Denuclearization Of The Korean Peninsula: Recent Agreements And Lessons From The Past, Jared M. Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Ten Questions: Responses Of Robert F. Turner, Robert F. Turner Jan 2007

Ten Questions: Responses Of Robert F. Turner, Robert F. Turner

William Mitchell Law Review

No abstract provided.


Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

Michigan Journal of International Law

Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …


Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie Jan 2007

Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie

Michigan Journal of International Law

This Article analyzes from a legal perspective the responses of the international community, and especially the Security Council, to the examples of nuclear proliferation outlined in this Article and the impact of those responses on the vitality of the nuclear nonproliferation regime. In doing so, the Article identifies and focuses on two key, interrelated themes. The first theme is the effect on these responses of the NPT's remarkably weak mechanisms for detecting violations of NPT obligations. The second theme is the frequent strong reluctance of the international community, including the Security Council, to impose serious sanctions for proliferation activity when …


The Unresolved Equation Of Espionage And International Law, A. John Radsan Jan 2007

The Unresolved Equation Of Espionage And International Law, A. John Radsan

Michigan Journal of International Law

This Essay, in order to offer up something to that appetite, is divided into five parts. After this introduction, the author, A. John Radsan, describes a Hegelian impulse, the perpetual drive to find unity in disorder. That impulse, for better or worse, creates the train and the track for many of the academy's journeys. Radsan then defines what is meant by "intelligence activities" for purposes of this Essay, after which Radsan surveys the scholarship that existed before this symposium on the relationship between espionage and international law. As the number of pages written on this topic suggests, scholarship on espionage …


Human Rights Challenges In Georgia, Latife Bulur Jan 2007

Human Rights Challenges In Georgia, Latife Bulur

Human Rights & Human Welfare

Since the Rose Revolution of 2003, human rights problems in Georgia have been improving. Economically and socially, Georgia has been reaching milestones as it continues to improve different facets of the state. In contrast to past research, current writing on Georgia has become increasingly more positive. Many pieces written on Georgia tell of a growing and thriving country that has gone to great lengths to strengthen national pride and to gain positive global recognition.


United States Foreign Policy: Liberty And Security?, Jessi Schimmel Jan 2007

United States Foreign Policy: Liberty And Security?, Jessi Schimmel

Human Rights & Human Welfare

Prior to September 11, 2001, the United States had the reputation of being a leader in the field of human rights. As information of torture and abuse in Abu Ghraib, Guantánamo Bay, and secret CIA detention centers has surfaced, however, the image of America has changed from human rights champion to that of violator. In large part, the international community of scholars and activists has come to deride the foreign policy of the United States as misguided and out of balance with the threats the country faces. However, there are also plenty of outspoken defenders who believe that the tactics …


Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce Jan 2007

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”


Ten Questions: Responses Of John Cary Sims, John Cary Sims Jan 2007

Ten Questions: Responses Of John Cary Sims, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson Jan 2007

Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson

All Faculty Scholarship

The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …


The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan Jan 2007

The Immigration-Terrorism Illusory Correlation And Heuristic Mistake, Mary De Ming Fan

Articles

The national broil over immigration reform is fermenting an illusory correlation and mistaken heuristic. Two events illustrate the involvement of legislators in the manufacture and mplification of this heuristic mistake. A controversial bill passed by the House of Representatives in December 2005 explicitly and extensively packaged immigration control with antiterrorism.' During his term as a congressman, J. D. Hayworth published a book claiming that inflows of people over the U.S.-Mexico border pose a "terrorist threat," that the nation has witnessed an "illegal alien crime spree," and that high immigration rates from Mexico threaten social instability.[para] Such pronouncements by legislators generate …


State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway Jan 2007

State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway

Michigan Journal of International Law

This Article begins with an examination of the development of the law of war (Part II) and human rights law (Part III) before looking at the differing legal categories of armed conflict (Part IV). It then examines the applicability of human rights law in situations of armed conflict (Part V) and the increasing complexity of defining violence, whether as armed conflict or otherwise (Part VI). The Article proceeds with an examination of the overlap between the law of war and human rights law (Part VII) and the risk of divergence that this overlap causes (Part VIII). Finally, it seeks to …


Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo Jan 2007

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Michigan Journal of International Law

The question before us is whether international law is useful or required to govern the covert intelligence-gathering activities of nation-states during peacetime. The very notion that international law is currently capable of regulating intelligence gathering is dubious. In fact, we suggest that international regulation of intelligence operations could have the perverse effect of making international conflict more, rather than less, likely. Certainly, there is legitimate space for coordination and cooperation between states in sharing intelligence, but such "sharing" does not involve significant needs for universal regulation by international law. Simply stated, it is not in the interests of nation-states or …


Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman Jan 2007

Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman

Michigan Journal of International Law

This Article will consider generally the prospects for an approach to intelligence activities based on the rule of law, focusing on the problem of covertness. In particular, it will examine the debate over how law should deal with crises, epitomized by the "ticking time-bomb" hypothetical. On the one hand, some call for a pragmatic recognition that, in extremis, public officials may be required to act outside the law and should seek after-the-fact ratification of their "extra-legal measures." On the other hand, others argue that the embrace of "extra-legal measures" misconceives the rule of law, underestimates the capacity of a …


What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker Jan 2007

What's International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Michigan Journal of International Law

This Article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Good process advances the liberty and safety interests embodied in the concept of national security. Good process improves the quality of decision. It also enhances accountability, which in turn improves decision. Where good process is defined in law to include executive directive, it is better insulated from the immediate imperatives of secrecy and speed.


Ten Questions: Responses Of John Cary Sims, John Cary Sims Jan 2007

Ten Questions: Responses Of John Cary Sims, John Cary Sims

William Mitchell Law Review

No abstract provided.


Ten Questions: Responses Of Lisa Graves, Lisa Graves Jan 2007

Ten Questions: Responses Of Lisa Graves, Lisa Graves

William Mitchell Law Review

No abstract provided.


Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr. Jan 2007

Ten Questions: Responses Of John S. Baker, Jr., John S. Baker Jr.

William Mitchell Law Review

No abstract provided.


Special Tactics For A Secret War Jan 2007

Special Tactics For A Secret War

William Mitchell Law Review

No abstract provided.


Lawfare: Terrorism & The Courts Jan 2007

Lawfare: Terrorism & The Courts

William Mitchell Law Review

No abstract provided.