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Articles 3031 - 3060 of 3398

Full-Text Articles in National Security Law

Crisis And Constitutionalism, Michael J. Gerhardt Jul 2002

Crisis And Constitutionalism, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr Jun 2002

Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr

Michigan Telecommunications & Technology Law Review

"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …

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Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell Jun 2002

Durable Consent And A Strong Transitional Peacekeeping Plan: The Successes Of Untaet In Light Of The Lessons Learned In Cambodia, Dianne M. Criswell

Washington International Law Journal

In 1999, East Timor voted for independence from Indonesia. That same year the United Nations Security Council created the United Nations Transitional Authority in East Timor ("UNTAET") to help East Timor transition to democracy, self-governance, and sustainable development. Seven years earlier, the United Nations launched a similar mission in Cambodia called the United Nations Transitional Authority in Cambodia ("UNTAC"). There are many similarities between East Timor and Cambodia, and both UNTAET and UNTAC are second-generation United Nations peacekeeping missions. UNTAC and UNTAET had similar mandates, including security, civil administration, and elections. UNTAC encountered opposition from the Cambodian parties, and consent …

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Fourth Dimensional Intelligence: Thoughts On Espionage, Law, And Cyberspace, David M. Crane Jun 2002

Fourth Dimensional Intelligence: Thoughts On Espionage, Law, And Cyberspace, David M. Crane

International Law Studies

No abstract provided.

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The Cia And Covert Operations: To Disclose Or Not To Disclose - That Is The Question, Marcus Eyth May 2002

The Cia And Covert Operations: To Disclose Or Not To Disclose - That Is The Question, Marcus Eyth

Brigham Young University Journal of Public Law

No abstract provided.

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Rational Profiling In America's Airports, R. Spencer Macdonald May 2002

Rational Profiling In America's Airports, R. Spencer Macdonald

Brigham Young University Journal of Public Law

No abstract provided.

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Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith May 2002

Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith

BYU Law Review

No abstract provided.

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The National Security Process And A Lawyer’S Duty: Remarks To The Senior Judge Advocate Symposium, James E. Baker Apr 2002

The National Security Process And A Lawyer’S Duty: Remarks To The Senior Judge Advocate Symposium, James E. Baker

Georgetown Law Faculty Publications and Other Works

September 11 changed so much about our lives and how we perceive national security. Harold Lasswell, in an earlier context, described the sharing of danger throughout society as the “socialization of danger,” which he wrote was a permanent characteristic of modern violence; but not for America until September 11. The socialization of danger has made ordinary citizens participants in the national security process in a way not previously experienced. In addition, it has brought relatively unknown federal agencies, like the Federal Emergency Management Agency and the Centers for Disease Control, to the forefront of national security planning and response. And …

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Terrorism And Assassination: Political Assassination As An Instrument Of National Policy - An Inquiry Into Operations, Expediency, Morality, And The Law, Jeff Addicott, June Aprille, William C. Banks, Azizah Al-Hibri, Julie Laskaris, Peter Raven-Hansen, Gary Solis, Porcher Taylor, Robert Turner Apr 2002

Terrorism And Assassination: Political Assassination As An Instrument Of National Policy - An Inquiry Into Operations, Expediency, Morality, And The Law, Jeff Addicott, June Aprille, William C. Banks, Azizah Al-Hibri, Julie Laskaris, Peter Raven-Hansen, Gary Solis, Porcher Taylor, Robert Turner

University of Richmond Law Review Symposium

The 2002 Symposium opened on Thursday, April 11, with a role-playing exercise and town meeting: Assassination of a Terrorist Enemy. In this session, a group of nationally prominent political leaders, policy makers, scholars, and members of the intelligence, military, religious and civil liberties communities engaged in a role-playing exercise exploring a fictional scenario posing the question of whether the United States should undertake an operation to assassinate the leader of a terrorist organization deemed responsible for acts of violence against the United States. The issue was explored through historical, moral, religious, operational, political, diplomatic, and legal perspectives. The final segment …

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Secret Codes, Military Hospitals, And The Law Of Armed Conflict: Could Military Medical Facilities' Use Of Encrypted Communications Subject Them To Attack Under International Law?, Philip R. Principe Apr 2002

Secret Codes, Military Hospitals, And The Law Of Armed Conflict: Could Military Medical Facilities' Use Of Encrypted Communications Subject Them To Attack Under International Law?, Philip R. Principe

University of Arkansas at Little Rock Law Review

No abstract provided.

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Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl Jan 2002

Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl

Scholarly Articles

This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …

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Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell Jan 2002

Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell

Scholarly Articles

On 13 November 2001, President George W. Bush signed Military Order 222, authorizing the trial of non-U.S. citizens for war crimes by military commission.' Since the signing of that order, a contentious debate has raged over the possible use of military commissions to try suspected terrorists. As part of that debate, the media has used various terms to describe the proposed military commissions. They have called them "Secret Military Trials,"' "Military Tribunals,"' and "U.S. Military Court[s]." A Cable News Network internet story described military commissions as "essentially a courts-martial, or a military trial, during a time of war." This quotation …

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Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust Jan 2002

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

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Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield Jan 2002

Cultural Diversity And The Police In The United States: Understanding Problems And Finding Solutions, Benjamin J. Goold, Karyn Hadfield

All Faculty Publications

For over 150 years, there has been a history of tension and conflict between the police and minority communities in the United States. In principle, the police exist to enforce the law and protect all citizens regardless of race or ethnic background, yet police departments across the country have been repeatedly accused of targeting and harassing racial minorities, and of failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in widespread calls for major legal …

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On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles Jan 2002

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber Jan 2002

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review (1956 - )

No abstract provided.

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The 9/11 "National Security" Cases: Three Principles Guiding Judges' Decision-Making, Raquel Aldana-Pindell Jan 2002

The 9/11 "National Security" Cases: Three Principles Guiding Judges' Decision-Making, Raquel Aldana-Pindell

McGeorge School of Law Scholarly Articles

No abstract provided.

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Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol Jan 2002

Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol

UF Law Faculty Publications

This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …

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Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson Jan 2002

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

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Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.

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Enemy Aliens, David Cole Jan 2002

Enemy Aliens, David Cole

Georgetown Law Faculty Publications and Other Works

In the wake of September 11, many have argued that the new sense of vulnerability that we all feel calls for a recalibration of the balance between liberty and security. In fact, however, much of what our government has done in the war on terrorism has not asked American citizens to make the difficult choice of deciding which of their liberties they are willing to sacrifice for increased security. Instead, the government has taken the politically easier route of selectively sacrificing the rights of aliens, and especially Arab and Muslim aliens, in the name of furthering national security. This is …

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Terrorizing Immigrants In The Name Of Fighting Terrorism, David Cole Jan 2002

Terrorizing Immigrants In The Name Of Fighting Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

It is often said that civil liberties are the first casualties of war. It may be more accurate to say that immigrants' civil liberties are the first to go. In the wake of the devastating terrorist attacks of September 11, we all feel vulnerable in ways that we have never felt before, and many have argued that we may need to sacrifice our liberty in order to purchase security. In fact, however, what we have done is to sacrifice the liberties of some-immigrants, and especially Arab and Muslim immigrants-for the purported security of the rest of us. This double standard …

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U.S. Engages In Questionable Treatment Of Detainees At Guantanamo Bay, Anne Leinfelder Jan 2002

U.S. Engages In Questionable Treatment Of Detainees At Guantanamo Bay, Anne Leinfelder

Public Interest Law Reporter

No abstract provided.

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Pro-Immigration Groups Still Hopeful After Terrorist Attacks, Joe D'Amato Jan 2002

Pro-Immigration Groups Still Hopeful After Terrorist Attacks, Joe D'Amato

Public Interest Law Reporter

No abstract provided.

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American Taliban Avoids Charge Of Treason, Claims To Be Victim Of Coercion, Jennifer Malone Jan 2002

American Taliban Avoids Charge Of Treason, Claims To Be Victim Of Coercion, Jennifer Malone

Public Interest Law Reporter

No abstract provided.

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Jose Padilla -- Government's Handling Of Alleged Terrorist, U.S. Citizen, Kevin Mccloskey Jan 2002

Jose Padilla -- Government's Handling Of Alleged Terrorist, U.S. Citizen, Kevin Mccloskey

Public Interest Law Reporter

No abstract provided.

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At War With Civil Rights And Civil Liberties, Thomas E. Baker Jan 2002

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Faculty Publications

This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.

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And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins Jan 2002

And The Walls Came Tumbling Down: Sharing Grand Jury Information With The Intelligence Community Under The Usa Patriot Act, Jennifer M. Collins

Faculty Journal Articles and Book Chapters

No abstract provided.

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Ordered Liberty And The Homeland Security Mission, James E. Baker Jan 2002

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

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On Justice And War: Contradictions In The Proposed Military Tribunals, George P. Fletcher Jan 2002

On Justice And War: Contradictions In The Proposed Military Tribunals, George P. Fletcher

Faculty Scholarship

The autumn of our anguish has passed, and we are still confused about how to describe the use of military force in Afghanistan. We are torn between using the language of justice and the language of war. Is this an attack by private individuals, a case of a single terrorist writ large? If the mass killings of September 11 are the crimes of individuals – Islamic fundamentalist versions of Timothy McVeigh – then we can think about arresting them and bringing them to "justice." The mantra of the Bush team, "bringing justice to them and them to justice," has seeped …

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