Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure
Scholarly Works
The Armenian Genocide during the waning days of the Ottoman Empire continues to represent one of history’s underappreciated atrocities. Comparatively few people even know about the 1.5 million deaths or the government-sponsored extermination attempt that provided Hitler with a blueprint for the Nazi Holocaust. Unlike the Holocaust, however, there was never any accounting demanded of those responsible for the Armenian Genocide. In the aftermath of both tragedies, insurers seized upon the resulting disarray and victimization to deny life insurance benefits owed as a result of the killings. American-based litigation to vindicate rights under the Armenian polices faced substantial legal and …
National Security Interest Convergence,
2012
Western New England University School of Law
National Security Interest Convergence, Sudha Setty
Faculty Scholarship
Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political and critical race theory to identify areas of national security interest convergence in which political will can be marshaled to limit some national security policies.
Legislators act in their political self-interest — both in terms of responding to party forces and constituents — in casting votes …
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency,
2012
University of Oklahoma College of Law
More Than An Assertion: How United States V. Pulungan Nudged The Directorate Of Defense Trade Controls Toward Increased Transparency, Cody Jones
Oklahoma Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, John Hursh
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Charles J. Dunlop Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions,
2012
Mitchell Hamline School of Law
Responses To The Five Questions, Norman Abrams
William Mitchell Law Review
No abstract provided.
Judicial Formalism And The State Secrets Privilege,
2012
Mitchell Hamline School of Law
Judicial Formalism And The State Secrets Privilege, Sudha Setty
William Mitchell Law Review
No abstract provided.
Secrecy, Transparency, And National Security,
2012
Mitchell Hamline School of Law
Secrecy, Transparency, And National Security, Lawrence Friedman, Victor Hansen
William Mitchell Law Review
No abstract provided.
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications,
2012
Mitchell Hamline School of Law
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank
William Mitchell Law Review
No abstract provided.
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism,
2012
Mitchell Hamline School of Law
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach
William Mitchell Law Review
No abstract provided.
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists,
2012
Elisabeth Haub School of Law at Pace University
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This article explores whether targeted killing of suspected Islamist terrorists comports with international law generally, whether any special rules apply in so-called “failed states,” and whether deploying attack drones poses special risks for the civilian population, for humanitarian and human rights law, and for the struggle against terrorism. Part I of this article discusses the Predator Drone and its upgraded version Predator B, the Reaper, and analyzes their technological capabilities and innovations. Part II discusses international humanitarian law and international human rights law as applied to a state’s targeting and killing an individual inside or outside armed conflict or in …
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing,
2012
Pace Law School
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.
First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …
Mission Creep In National Security Law,
2012
University of Florida Levin College of Law
Mission Creep In National Security Law, Fletcher N. Baldwin Jr., Daniel R. Koslosky
UF Law Faculty Publications
Many anti-terrorism measures are enacted with broad public support. There is often a general willingness on the part of the public to accept greater civil liberties deprivations in the face of a specific threat, or otherwise in times of general crisis, than would otherwise be the case. Sweeping anti-terrorism legislation is frequently crafted in reaction to the presence, or perceived presence, of immense, imminent danger. The medium and long-term consequences of the legislation may not fully be comprehended when political leaders and policymakers take swift action in the face strong public pressure in light of a recent terrorist attack or …
Disclosure’S Effects: Wikileaks And Transparency,
2012
University of Florida Levin College of Law
Disclosure’S Effects: Wikileaks And Transparency, Mark Fenster
UF Law Faculty Publications
Constitutional, criminal, and administrative laws regulating government transparency, and the theories that support them, rest on the assumption that the disclosure of information has transformative effects: disclosure can inform, enlighten, and energize the public, or it can create great harm and stymie government operations. To resolve disputes over difficult cases, transparency laws and theories typically balance disclosure’s beneficial effects against its harmful ones—what I have described as transparency’s balance. WikiLeaks and its vigilante approach to massive document leaks challenge the underlying assumption about disclosure’s effects in two ways. First, WikiLeaks’ ability to receive and distribute leaked information cheaply, quickly, and …
Ten Years After 9/11: The Changing Terrorist Threat,
2012
American University Washington College of Law
Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck
Presentations
On September 8, 2011, the American University National Security Law Brief and the Law and Government Program at American University’s Washington College of Law hosted a candid discussion on the changes throughout the American legal system in the 10 years since the tragic September 11th attacks. The event featured a keynote address from Michael Leiter, Director of the National Counterterrorism Center from 2007-2011, followed by a panel discussion with John Carlin, Principal Deputy to the Assistant Attorney General of the Department of Justice’s National Security Division; Ivan Fong, General Counsel at the Department of Homeland Security; Stephen Vladeck, Professor of …
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism,
2012
The Catholic University of America, Columbus School of Law
Preventing Atoms For Peace From Becoming Atoms Of Terror: The National Environmental Policy Act Is Not A Vehicle For Addressing Terrorism, David D. Leege
Catholic University Law Review
No abstract provided.
The End Of Forgetting And "Administrative Rights" To Our Online Personas,
2012
Saint Mary's University School of Law, San Antonio, Texas
The End Of Forgetting And "Administrative Rights" To Our Online Personas, Jamie R. Lund
IP Theory
No abstract provided.
Assassination Or Targeted Killings After 9/11,
2012
University of California at Berkeley, School of Law
Assassination Or Targeted Killings After 9/11, John Yoo
NYLS Law Review
No abstract provided.
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law,
2012
Dalhousie University Schulich School of Law
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
Articles, Book Chapters, & Popular Press
After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and …
