Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction,
2010
Brigham Young University Law School
Comparative Institutional Analysis And Detainee Legal Policies: Democracy As A Friction, Not A Fiction, Carla Crandall
BYU Law Review
No abstract provided.
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law,
2010
Roger Williams University School of Law
Judging Myopia In Hindsight: Bivens Actions, National Security Decisions, And The Rule Of Law, Peter Margulies
Law Faculty Scholarship
Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these conflicting impulses has produced judicial oscillation between intervention and deference. Recent decisions on Bivens claims in the war on terror have defined extremes of deference or intervention. Cases like Ashcroft v. Iqbal and Arar v. Ashcroft display a categorical deference that rewards officials' myopia. On the …
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues,
2010
Georgia State University College of Law
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
Understanding The Appeal Of The Taliban In Pakistan,
2010
National Counter Terrorism Authority of Pakistan
Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi
Journal of Strategic Security
This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.
Cover & Front Matter,
2010
University of South Florida
Eriksonian Identity Theory In Counterterrorism,
2010
University of South Florida
Eriksonian Identity Theory In Counterterrorism, Cally O'Brien
Journal of Strategic Security
Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …
Conceptualizing Terrorist Violence And Suicide Bombing,
2010
Azerbaijan Diplomatic Academy
Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov
Journal of Strategic Security
This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency,
2010
Georgia Tech
Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao
Journal of Strategic Security
This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …
Book Reviews,
2010
Henley-Putnam University
Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)
Journal of Strategic Security
No abstract provided.
Political Terrorism: An Historical Case Study Of The Italian Red Brigades,
2010
U.S. Army
Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist
Journal of Strategic Security
As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality,
2010
Osgoode Hall Law School of York University
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Seeing The State: Transparency As Metaphor,
2010
University of Florida Levin College of Law
Seeing The State: Transparency As Metaphor, Mark Fenster
UF Law Faculty Publications
When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it operates as a metaphor that identifies and decries the distance between the public and the state, and that drives and shapes the desire for a more perfect democratic order. Viewed together, these two meanings both demand efforts to impose legal obligations on the state to be “open” and suggest that such efforts are …
Cover & Front Matter,
2010
University of South Florida
Taking Great Cases: Lessons From The "Rosenberg" Case,
2010
Vanderbilt University Law School
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Vanderbilt Law Review
The most watched case of the 1952 Supreme Court Term was not Brown v. Board of Education, but the case of convicted atomic spies Julius and Ethel Rosenberg. Sentenced to death in April 1951 for passing atomic secrets to the Soviets, the Rosenbergs dominated the news and divided the country. Their case came at the height of Cold War America's obsession with Communism. Senator Joe McCarthy and the House Un-American Activities Committee were exposing alleged Communists in the federal government and Hollywood, and the U.S. military was fighting the Korean War to try to stop the spread of Communism abroad. …
Ballistic Missile Defense: New Plans, Old Challenges,
2010
Project on National Security Reform Case Studies Working Group
Ballistic Missile Defense: New Plans, Old Challenges, Elizabeth Zolotukhina
Journal of Strategic Security
On September 17, 2009—the 70th anniversary of the Soviet invasion of Poland in 1939 that marked the beginning of World War II—the Obama Administration announced its intention to shelve plans for the U.S. Ballistic Missile Defense (BMD) that had been developed under former President George W. Bush. Pointing to a new intelligence assessment, President Obama argued that his predecessor's plan to deploy an X-band radar station outside of Prague, Czech Republic, and 10 two-stage interceptor missiles in Poland would not adequately protect America and its European allies from the Iranian threat and reiterated his opposition to utilizing unproven technology in …
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security,
2010
Embry-Riddle Aeronautical University
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel A. Cutrer, Robert Raffel
Security Studies & International Affairs - Daytona Beach
As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program,
2010
Brigham Young University Law School
The Architecture Of Accountability: A Case Study Of The Warrantless Surveillance Program, Kathleen Clark
BYU Law Review
No abstract provided.
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security,
2010
Embry Riddle Aeronautical University
Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel
Applied Aviation Sciences - Daytona Beach
As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …
U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign,
2010
University of South Florida
U.S. Response To Terrorism: A Strategic Analysis Of The Afghanistan Campaign, Valentina Taddeo
Journal of Strategic Security
This article examines the U.S. response to global terrorism and its campaign in Afghanistan from 2001 to today. The aim of this article is first to understand the fallacies, missteps, and misunderstandings of the U.S. approach in Afghanistan. Second, the analysis evaluates the lessons learnt and some possible strategies for achieving long-term stability and security in Afghanistan. In particular, the analysis focuses on the different strategies adopted by the United States and their achievements. Despite a first victory over the Taliban regime, the initial approach was focused on the enemy only and it lacked long-term planning, paving the way to …
North Korea And Support To Terrorism: An Evolving History,
2010
U.S.
Marine Corps Command and Staff College
North Korea And Support To Terrorism: An Evolving History, Bruce E. Bechtol, Jr.
Journal of Strategic Security
The DPRK's (Democratic People's Republic of Korea or North Korea) support for terrorism began as an ideologically-based policy financed by the Soviet Union that eventually led to a policy designed to put money into the coffers of the elite in Pyongyang—in short, a "proliferation for hire" policy. This article articulates a brief history of the North Korean regime, the rise to power of Kim Il-sung and his son, Kim Jong-il, and North Korea's persistent support to terrorist groups around the globe.
