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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Vigorous Debate And Rigorous Inquiry, Alisa Solomon Jan 2003

Vigorous Debate And Rigorous Inquiry, Alisa Solomon

Center for LGBTQ Studies (CLAGS)

Our newsletter goes to press on the eve of President Bush's State of the Union address, in which he is expected to argue for going to war against Iraq. By the time this newsletter reaches you, the war may already have started. It's a frightening moment, to say the least. Meanwhile free speech and civil liberties are being curtailed in the name of security and scholars and researchers have special reasons to be wary: Archives are shutting off access; the Freedom of Information Act is being gutted; new laws are demanding that when asked by government officials, librarians must turn …


Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel Jan 2003

Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel

Articles

Central to the United States government’s strategy after the September 11th attacks has been a shift from punishing unlawful conduct to pre-empting possible or potential dangers. This strategy threatens to undermine fundamental principles of both constitutional law and international law which prohibit certain government action based on mere suspicion or perceived threat. The law normally requires that the government wait until a person or nation has committed or is attempting to commit a criminal act before it may employ force in response. The dangers of a policy of preventive detention have been analyzed from a number of perspectives. Historians have …