Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China,
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,
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 …
National Security And The Shadows Of Judicial "Common Sense",
2010
Benjamin N. Cardozo School of Law
National Security And The Shadows Of Judicial "Common Sense", Alexander A. Reinert
Articles
The article critiques Peter Margulies's analysis of cognitive biases in judicial decision-making within national-security cases, particularly his proposed evidentiary presumption to address these biases. While acknowledging Margulies's contribution to the discussion, the article argues that his characterization of cases and proposed solution may oversimplify the complexities of judicial deference and interventionism. It suggests that the central issue in these cases is not excessive deference or interventionism but rather the government's resistance to transparency and the disclosure of sensitive information. The article advocates for a more nuanced approach, emphasizing managed discovery processes to balance national-security concerns with constitutional rights.
The Object Of Torture Is Torture: Extraordinary Renditions To Jordan And Human Rights In The War On Terror,
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),
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?,
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 …
Remodeling The Classified Information Procedures Act (Cipa),
2010
Mitchell Hamline School of Law
Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan
Faculty Scholarship
The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials.
First, a prosecutor’s discovery obligations should apply to the intelligence community only …
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration,
2010
University of Florida Levin College of law
Developing U.S. Nuclear Weapons Policy And International Law: The Approach Of The Obama Administration, Winston P. Nagan, Erin K. Slemmens
UF Law Faculty Publications
Prior U.S. presidential administrations have developed and adhered to the nuclear weapons policy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact that the U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability. The policy of nuclear deterrence worked on the principle of mutually assured destruction. It appears to have had the effect of discouraging recourse to nuclear weapons as instruments of war. It has also been generally perceived as a position that has an uneasy relationship with conventional international law. Even before entering office, President Obama …
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations,
2010
Sha'arei Mishpat College of Law
Classification Of Participants In Suicide Attacks And The Implications Of This Classification On The Severity Of The Sentence: The Israeli Experience In The Military Courts In Judea And Samaria As A Model To Other Nations, Amit Preiss, Chagai D. Vinizky
Pace Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, Joshua L. Dratel
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, John Ip
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, Edward B. Macmahon Jr.
William Mitchell Law Review
No abstract provided.
Responses To The Ten Questions,
2010
Mitchell Hamline School of Law
Responses To The Ten Questions, John T. Parry
William Mitchell Law Review
No abstract provided.
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning,
2010
Mitchell Hamline School of Law
The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii
William Mitchell Law Review
No abstract provided.
Foreign Public Opinion And National Security,
2010
Mitchell Hamline School of Law
Foreign Public Opinion And National Security, Dakota S. Rudesill
William Mitchell Law Review
No abstract provided.
The Choice Of Law Against Terrorism,
2010
Notre Dame Law School
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
Journal Articles
The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.
Legalism And Decisionism In Crisis,
2010
St. John's University School of Law
Legalism And Decisionism In Crisis, Noa Ben-Asher
Faculty Publications
In the years since September 11, 2001, scholars have advocated two main positions on the role of law and the proper balance of powers among the branches of government in emergencies. This Article critiques these two approaches-which could be called Legalism and Decisionism-and offers a third way. Debates between Legalism and Decisionism turn on (1) whether emergencies can be governed by prescribed legal norms; and (2) what the balance of powers among the three branches of government should be in emergencies. Under the Legalist approach, legal norms can and should guide governmental response to emergencies, and the executive branch is …
Placing Your Faith In The Constitution,
2010
University of Colorado Law School
Placing Your Faith In The Constitution, Harold H. Bruff
Publications
No abstract provided.
Foreword,
2010
District Judge, S.D.N.Y.
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year,
2010
St. Mary's University School of Law
Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott
Pace Law Review
No abstract provided.
