Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988,
2016
Washington State University
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann
Criminal Law Practitioner
No abstract provided.
Known Unknowns: State Cyber Operations, Cyber Warfare, And The Jus Ad Bellum,
2016
American University Washington College of Law
Known Unknowns: State Cyber Operations, Cyber Warfare, And The Jus Ad Bellum, Peter Z. Stockburger
American University International Law Review
No abstract provided.
Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy,
2016
University of California Berkely
Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy, Khaled A. Beydoun
American University Law Review
No abstract provided.
Ex Parte Quirin: The Nazi Saboteur Case And The Tribunal Precedent,
2016
American University Washington College of Law
Ex Parte Quirin: The Nazi Saboteur Case And The Tribunal Precedent, Andrew Buttaro
American University National Security Law Brief
No abstract provided.
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace,
2016
Cyber, Information Operations, and Intelligence Law Division of the Office of the Judge Advocate General of the Navy
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
American University National Security Law Brief
No abstract provided.
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay,
2016
University of Richmond
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch
Richmond Journal of Global Law & Business
Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …
Applying The Ucmj To Contractors In Contingency Operations,
2016
American University Washington College of Law
Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman
American University National Security Law Brief
No abstract provided.
The Implications Of Creating An Iphone Backdoor,
2016
American University Washington College of Law
The Implications Of Creating An Iphone Backdoor, Gregory Coutros
American University National Security Law Brief
No abstract provided.
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment,
2016
American University Washington College of Law
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
American University National Security Law Brief
No abstract provided.
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras),
2016
University of Oklahoma College of Law
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Faculty Articles
When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …
Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma,
2016
University of Michigan Law School
Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy
Michigan Journal of International Law
Part I of this Note will analyze the current framework governing hostage situations to determine the permissibility of ransom payments under international law. Part II will examine the two dominant positions that have developed among states and identify the justifications and shortcomings of each. Part III will conclude, firstly, that for states to develop a multilateral approach to hostage situations, they must take the lead within their respective domestic spheres and, secondly, that the option to negotiate for ransomed release should be preserved as an essential tool for confronting terrorist organizations.
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks,
2016
United States Marine Corps
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
American University National Security Law Brief
No abstract provided.
"Black" Hawala: Confronting Isil On The Financial Front,
2016
American University Washington College of Law
"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen
American University National Security Law Brief
No abstract provided.
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention,
2016
university of texas law school
To Loose The Bonds: The Deceptive Promise Of Freedom From Pretrial Immigration Detention, Denise L. Gilman
Indiana Law Journal
Each year, the United States government detains more than 60,000 migrants who are eligible for release during immigration court proceedings that will determine their right to stay in the United States. Detention or release should be adjudicated through a custody determination process focused on the question of whether a mi-grant poses a flight risk or danger to the community. Yet, because the process skips the critical inquiry into the need for detention before setting monetary bond require-ments for release that are difficult to fulfill, freedom remains elusive.
The custody determination process is a cornerstone in the U.S. immigration de-tention edifice …
National Security Law,
2016
Southern Methodist University
National Security Law, James D. Carlson, Geoffrey Goodale, Guy C. Quinlan, Sergio L. Suarez
The International Lawyer
No abstract provided.
Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”,
2016
American University Washington College of Law
Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley
American University National Security Law Brief
No abstract provided.
Territoriality, Technology, And National Security,
2016
Cornell Law School
Territoriality, Technology, And National Security, Zachary D. Clopton
Cornell Law Faculty Publications
Across various contexts, parties and courts have pressed for territorial rules in cases implicating technology and national security. This Essay suggests that presumptively territorial approaches to these questions are misguided. Territorial rules do not track the division of authority or capacity among the branches, nor are they effective proxies for the important interests of regulators or regulatees. On issues of technology and national security, territorial rules seem particularly ill suited: territorial rules aspire to certainty, but technology makes it harder to define “territoriality” in a consistent and predictable way; technology weakens territoriality as a proxy for policy goals because data …
The Egyptian Coup, The United States, And A Call To Strengthen The Rule Of Law And Diplomacy Rather Than Military Counter-Terrorism,
2016
Elisabeth Haub School of Law at Pace University
The Egyptian Coup, The United States, And A Call To Strengthen The Rule Of Law And Diplomacy Rather Than Military Counter-Terrorism, Thomas Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This article examines from a legal and historical perspective (a) the United States’ implicit ratification of the Egyptian military’s overthrow of the first fairly and freely elected Egyptian president and (b) how the perceived U.S. support for the coup contributes to Islamic terrorism.
To guarantee that oil has been readily available (and during the Cold War to prevent the spread of communism), the U.S. has supported secular, authoritarian regimes in the Islamic world, including the House of Saud in Saudi Arabia, the Shah of Iran, Hosni Mubarak in Egypt, and, initially, Saddam Hussein in Iraq, not to mention autocratic leaders …
Unraveling The Law Of War,
2016
New York Law School
Unraveling The Law Of War, Stephen J. Ellmann
Articles & Chapters
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, July 2016,
2016
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, July 2016, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • U.S. Supreme Court Upholds Law Facilitating Compensation for Victims of Iranian Terrorism • Russia Argues Enhanced Military Presence in Europe Violates NATO-Russia Agreement; United States Criticizes Russian Military Maneuvers over the Baltic Sea as Inconsistent with Bilateral Treaty Governing Incidents at Sea • U.S. Secretary of State Determines ISIL Is Responsible for Genocide • United States Blocks Reappointment of WTO Appellate Body Member • U.S. Department of Defense Releases Report of Investigation Finding That October 2015 Air Strike on Doctors Without Borders Hospital in Kunduz, Afghanistan, Was Not a War Crime • United States Expands Air …
