Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law,
2012
Pennsylvania State University Dickinson School of Law
Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba Sivaprasad Wadhia
The University of New Hampshire Law Review
[Excerpt] “This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations …
The Advanced Persistent Threat And The Role Of Cybersecurity Education,
2012
Embry-Riddle Aeronautical University
The Advanced Persistent Threat And The Role Of Cybersecurity Education, Gary C. Kessler
Security Studies & International Affairs - Daytona Beach
"The changing face of infowar • The Advanced Persistent Threat • Examples of recent cyber attacks • Mitigation and preparation • Formalizing the response • The role(s) of education"--Overview
The Advanced Persistent Threat And The Role Of Cybersecurity Education,
2012
Embry-Riddle Aeronautical University
The Advanced Persistent Threat And The Role Of Cybersecurity Education, Gary C. Kessler
Applied Aviation Sciences - Daytona Beach
No abstract provided.
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War,
2012
Georgetown University Law Center
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America,
2012
Pepperdine University
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?,
2012
Pepperdine University
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen
Pepperdine Law Review
No abstract provided.
The Muted Rise Of The Silent Witness Rule In National Security Litigation: The Eastern District Of Virginia's Answer To The Fight Over Classified Information At Trial,
2012
Pepperdine University
The Muted Rise Of The Silent Witness Rule In National Security Litigation: The Eastern District Of Virginia's Answer To The Fight Over Classified Information At Trial, Jonathan M. Lamb
Pepperdine Law Review
The state secrets problem is emblematic of a judicial issue which is not confined to the civil cases in which the privilege is asserted - the tension between the government's interest in protecting classified information and society's interest in justice by resolution on the merits. The United States must be allowed to prosecute terrorists, conspirators, and enemies by using classified information as evidence; but how may the government act as a civil defendant without invoking the state secrets privilege to dismiss actions before trial (or pre-discovery)? The answer might be a little known evidentiary doctrine called the silent witness rule. …
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction,
2012
San Francisco State University
The Proposed U.S. Missile Defense For Europe And The Old Continent's Reaction, Aleksandra Lencznarowicz
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Adapting To The Twenty-First Century: A Flexible Nato,
2012
Brigham Young University
Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Introduction: Targeting In An Asymmetrical World,
2012
Valparaiso University School of Law
Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman
Law Faculty Publications
This is the introduction to a collection of articles to be published in the Valparaiso University Law Review. The articles address the challenges presented by non-traditional warfare and non-traditional combatants in the contexts of the War on Terror and the trend toward multilateral and humanitarian interventions. Two of the contributions, those of Jonathan Hafetz and David Frakt, detail the hybrid model, part criminal law, part law of war, that the United States developed for addressing the status of detainees in the War on Terror. Two of the contributions, those of Rachel VanLandingham and Iain Pedden, propose international models for addressing …
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege,
2012
Valparaiso University School of Law
Intolerable Abuses: Rendition For Torture And The State Secrets Privilege, D. A. Jeremy Telman
Law Faculty Publications
In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint brought by five men claiming to have been victims of the U.S. government’s extraordinary rendition program, alleged to involve international kidnapping and torture at foreign facilities. Procedurally required to accept plaintiffs’ allegations as true, the court nonetheless dismissed the complaint before discovery had begun based on the state secrets privilege and the Totten doctrine, finding that the very subject matter of plaintiffs’ complaint was a state secret and that the defendant corporation could not defend itself without evidence subject to the privilege. This Article contends …
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Steven Metz
William Mitchell Law Review
No abstract provided.
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq,
2012
Barry University School of Law
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky
Barry Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, A. Mark Weisburd
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Jody M. Prescott
William Mitchell Law Review
No abstract provided.
Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012),
2012
UIC School of Law
Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall
UIC Law Review
No abstract provided.
No Cause Of Action: Video Surveillance In New York City,
2012
Benjamin N. Cardozo School of Law
No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer
Michigan Telecommunications & Technology Law Review
In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not a good look for …
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges,
2012
Duke Law School
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Mission Creep In National Security Law,
2012
University of Florida Law School
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel Ryan Kosloskey
West Virginia Law Review
No abstract provided.
A Legal Framework For Targeted Killing,
2012
University of Michigan Law School
A Legal Framework For Targeted Killing, Monica Hakimi, A. Guiora
Book Chapters
I agree with much of what Professor Amos Guiora says, but I disagree with the method he uses to get there. And I believe the method matters. Guiora assesses targeting operations under an "active self-defense" paradigm, with elements from both the jus ad bellum (the law governing the use of force) and the jus in bello (the law governing the conduct of hostilities). Under Guiora's paradigm. a state may target terrorism suspects in anticipatory self-defense if: (I) targeting is proportional to their threat; (2) collateral damage is minimized; (3) alternatives to targeting are infeasible; and (4) military necessity justifies the …
