Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice,
2014
Montclair State University
Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.
Charting The Legal Geography Of Non-International Armed Conflict,
2014
U.S. Naval War College
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.
Autonomous Weapons And Human Responsibilities,
2014
University of Nebraska College of Law
Autonomous Weapons And Human Responsibilities, Jack M. Beard
Nebraska College of Law: Faculty Publications
Although remote-controlled robots flying over the Middle East and Central Asia now dominate reports on new military technologies, robots that are capable of detecting, identifying, and killing enemies on their own are quietly but steadily movingfrom the theoretical to the practical. The enormous difficulty in assigning responsibilities to humans and states for the actions ofthese machines grows with their increasing autonomy. These developments implicate serious legal, ethical, and societal concerns. This Article focuses on the accountability of states and underlying human responsibilities for autonomous weapons under International Humanitarian Law or the Law of Armed Conflict. After reviewing the evolution of …
Off The Record: The National Security Council, Drone Killings, And Historical Accountability,
2014
CUNY School of Law
Off The Record: The National Security Council, Drone Killings, And Historical Accountability, Douglas Cox, Ramzi Kassem
Publications and Research
No abstract provided.
Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014),
2014
UIC School of Law
Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin
UIC Law Review
No abstract provided.
Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014),
2014
UIC School of Law
Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina
UIC Law Review
No abstract provided.
The Drone Games, 47 J. Marshall L. Rev. 1507 (2014),
2014
UIC School of Law
The Drone Games, 47 J. Marshall L. Rev. 1507 (2014), Elizabeth Fleming
UIC Law Review
This Comment focuses on the Executive’s power to target American citizens who are believed to be terrorists abroad and the due process implications of such attacks. Part II provides background information pertaining to the rise
Top Secret—The Defense Of National Security Whistleblowers: Introducing A Multi-Factor Balancing Test,
2014
Cleveland State University
Top Secret—The Defense Of National Security Whistleblowers: Introducing A Multi-Factor Balancing Test, Patrick M. Rahill
Cleveland State Law Review
This imbalance (prosecuting more lower level employees for security leaks. Leaks by lower level employees are are typically made without approval and often reveal serious wrongdoing in the government.) poses a significant problem for our nation: transparency is essential to a healthy democracy. In order to hold public officials accountable, an informed electorate is necessary, and an electorate that is continuously fed “favorable” information by the administration is an uninformed one. Historically, government whistleblowers of “classified information have played an important role in informing the public throughout our country’s history.” Today’s prosecutions, however, have effectively deterred these important players in …
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention,
2014
American University Washington College of Law
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
After The Aumf,
2014
American University Washington College of Law
After The Aumf, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Over a dozen years later, the AUMF — which has never been amended — remains the principal source of the U.S. government’s domestic legal authority to use military force against al Qaeda and its associates, both on the battlefields of Afghanistan and far beyond. But even as the statutory framework has remained unchanged, the facts on the ground have evolved dramatically, leading some to call for a new AUMF. In short, calls for a new framework statute to replace the AUMF are unnecessary, provocative, and counterproductive; they perpetuate war at a time when we should be seeking to end it. …
The Rise Of Speed Deportation And The Role Of Discretion,
2014
Penn State Law
The Rise Of Speed Deportation And The Role Of Discretion, Shoba S. Wadhia
Faculty Scholarship
In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of several procedures collectively referred to as “speed deportation.” The policy goals of speed deportation are economic; these processes save government resources from being spent on procedural safeguards such as a trial attorney, immigration judge, and a fundamentally fair hearing. Higher deportation numbers may also benefit the image the government seeks to portray to policymakers who support amplified immigration enforcement. However, the human consequences of speed deportation are significant and can result in …
The Courts And National Security: The Ordeal Of The State Secrets Privilege,
2014
Benjamin N. Cardozo School of Law
The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine
University of Baltimore Law Review
No abstract provided.
Still Shortchanged: Some Observations About The New Army/Marine Corps Coin Doctrine,
2014
Duke Law School
Still Shortchanged: Some Observations About The New Army/Marine Corps Coin Doctrine, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014),
2014
UIC School of Law
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
UIC Law Review
No abstract provided.
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?,
2014
University of Michigan Law School
Special Administrative Measures And The War On Terror: When Do Extreme Pretrial Detention Measures Offend The Constitution?, Andrew Dalack
Michigan Journal of Race and Law
Our criminal justice system is founded upon a belief that one is innocent until proven guilty. This belief is what foists the burden of proving a person’s guilt upon the government and belies a statutory presumption in favor of allowing a defendant to remain free pending trial at the federal level. Though there are certainly circumstances in which a federal magistrate judge may—and sometimes must—remand a defendant to jail pending trial, it is well-settled that pretrial detention itself inherently prejudices the quality of a person’s defense. In some cases, a defendant’s pretrial conditions become so onerous that they become punitive …
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?,
2014
Indiana University Maurer School of Law
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Data Retention Requirements And Outsourced Analysis: Should Private Entities Become Government Surrogates In The Collection Of Intelligence?,
2014
American University Washington College of Law
Data Retention Requirements And Outsourced Analysis: Should Private Entities Become Government Surrogates In The Collection Of Intelligence?, Michael J. Woods
American University Business Law Review
No abstract provided.
High Technology, Consumer Privacy, And U.S. National Security,
2014
Georgetown Law
High Technology, Consumer Privacy, And U.S. National Security, Laura K. Donohue
American University Business Law Review
No abstract provided.
Amending The Economic Espionage Act To Require The Disclosure Of National Security-Related Technology Thefts,
2014
The Catholic University of America, Columbus School of Law
Amending The Economic Espionage Act To Require The Disclosure Of National Security-Related Technology Thefts, David Orozco
Catholic University Law Review
No abstract provided.
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals,
2014
University of Maryland Francis King Carey School of Law
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Journal of Business & Technology Law
No abstract provided.
