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3,390 full-text articles. Page 125 of 127.

Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen 2010 Brigham Young University Law School

Torture And Public Policy: Mohamed V. Jeppesen Dataplan, Inc., Allows “Extraordinary Rendition” Victims To Litigate Around State Secrets Doctrine , Michael P. Jensen

BYU Law Review

No abstract provided.


Book Reviews, Timothy Hsia, Sheldon Greaves, Donald J. Goldstein 2010 Henley-Putnam University

Book Reviews, Timothy Hsia, Sheldon Greaves, Donald J. Goldstein

Journal of Strategic Security

No abstract provided.


"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen 2010 University of Georgia

"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen

Scholarly Works

References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.

But what does it really …


Moral And Legal Responsibility With Respect To Alleged Mistreatment Of Transferred Detainees In Afghanistan: Presentation To The House Of Commons Special Committee On The Canadian Mission In Afghanistan, Craig M. Scott 2010 Osgoode Hall Law School of York University

Moral And Legal Responsibility With Respect To Alleged Mistreatment Of Transferred Detainees In Afghanistan: Presentation To The House Of Commons Special Committee On The Canadian Mission In Afghanistan, Craig M. Scott

Commissioned Reports, Studies and Public Policy Documents

The present paper takes the form of presentation made on February 10, 2010, to the prorogued Canadian House of Commons Special Committee on the Canadian Mission in Afghanistan, with Members of Parliament from the Bloc Québécois, Liberal Party, and New Democratic Party in attendance. The subject of the presentation is a report and commentary on an all-day event organized by the Nathanson Centre on Transnational Human Rights, Crime and Security at York University’s Osgoode Hall Law School. The event, held in Toronto on February 8, 2010, was called the Special Forum on the Canadian Mission in Afghanistan. The thematic title …


Responses To The Ten Questions, Robert Knowles 2010 Valparaiso University School of Law

Responses To The Ten Questions, Robert Knowles

Law Faculty Publications

No abstract provided.


Responses To The Ten Questions, Timothy Lynch 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Timothy Lynch

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Richard L. Russell 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Richard L. Russell

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Jeffrey Kahn 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Jeffrey Kahn

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Robert Knowles 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Robert Knowles

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Mary Ellen O'Connell 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Mary Ellen O'Connell

William Mitchell Law Review

No abstract provided.


"If You Are Reading This, You Are Engaged And Aware": Serving The Diversity Of Interests In Blogs Written By Service Members, Peter Colwell 2010 Mitchell Hamline School of Law

"If You Are Reading This, You Are Engaged And Aware": Serving The Diversity Of Interests In Blogs Written By Service Members, Peter Colwell

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Wayne McCormack 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Wayne Mccormack

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Paul R. Pillar 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Paul R. Pillar

William Mitchell Law Review

No abstract provided.


Responses To The Ten Questions, Gregory S. McNeal 2010 Mitchell Hamline School of Law

Responses To The Ten Questions, Gregory S. Mcneal

William Mitchell Law Review

No abstract provided.


Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen 2010 University of Washington School of Law

Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen

Washington International Law Journal

One of the most recent steps in China’s slow march towards liberalization of foreign investment is the introduction of the 2006 Provisions on Acquisition of Domestic Enterprises by Foreign Investors (“2006 M&A Provisions”). Article 12 of this law provides new procedures for review and approval of foreign investment in China. China’s national security review of foreign direct investment has the same motivations as the United States’ Committee on Foreign Investment in the United States (CFIUS) review, but it is much murkier and less efficient. CFIUS is governed by numerous statutory and regulatory guidelines. China should integrate some of the CFIUS …


The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan 2010 Mitchell Hamline School of Law

The Case For Stewart Over Harlan On 24/7 Physical Surveillance, Afsheen John Radsan

Faculty Scholarship

This Article explains why the government’s physical surveillance can reach a point in terms of duration and intensity that it becomes a “search” under the Fourth Amendment. As references, Katz v. United States and Kyllo v. United States stand out from the canon. Katz, decided in 1967, swept away a prior emphasis on property rights and trespass laws to hold that the electronic monitoring of a phone booth was a search. Since then, the two-part test from Justice Harlan’s concurring opinion has received as much attention as the totality-of-the-circumstances test in Justice Stewart’s majority opinion. Kyllo, decided just months before …


Preempting Justice: Precrime In Fiction And In Fact, Mark Niles 2010 American University Washington College of Law

Preempting Justice: Precrime In Fiction And In Fact, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror, Kat Mitchell 2010 University of Denver

The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror, Kat Mitchell

Human Rights & Human Welfare

Hassan Saleh bin Attash, a Yemeni national, was just seventeen at the time of his September 2002 arrest in Pakistan. The young man spent four days in a Karachi prison before being taken to a United States-run prison in Kabul, where he was held and allegedly tortured through the middle of September. He was then rendered to Jordan.


The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn 2010 John Marshall Law School

The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro 2010 University of Michigan Law School

Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro

Michigan Journal of Race and Law

Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …


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