Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in International Relations
Terrorism Through American Eyes, Jacob Blaznek
Terrorism Through American Eyes, Jacob Blaznek
Student Scholar Symposium Abstracts and Posters
The ‘War on Terror’ has been a highly debated topic since President Bush first said it after the attack to the United States on September 11th. Many articles and books have been written about the growing problem of terrorism and how the United States is handling it. Each article provides different ways that the United States has wrongly handled the situation and ways that they could improve their efforts to reduce terrorism. After the terrorist attack on World Trade Center and The Pentagon, the United States went to War against Al-Qaeda. Today, the US is still in a highly dangerous …
The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel
The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel
Articles
This article addresses the claim that times of crisis require jettisoning legal rules in favor of ad hoc balancing. Part I demonstrates that the coercive preventive measures adopted by the Bush administration in carrying out the War on Terror discarded clear legal rules in favor of ad hoc balancing and relied on suspicions rather than objective evidence. Part II examines the claims of prevention paradigm supporters that ad hoc balancing is necessary in the new post-911 era in order to reach decisions that correctly weigh the values of liberty and peace versus national security. This article argues that discarding the …
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
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 …