Terrorism Litigation PDF Download

Author: David J. Strachman
Publisher: Lawyers & Judges Publishing
ISBN: 9781936360109
Category : Actions and defenses
Languages : en
Pages : 0

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Book Description
First edition published as: Cases and Materials on Civil Terrorism Law, 2008.

Author: John Norton Moore
Publisher:
ISBN: 9781594608308
Category : Civil rights
Languages : en
Pages : 0

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Book Description
More than two decades before the 9/11 attacks, the University of Virginia School of Law established the nation's first think tank devoted to the study of legal issues affecting U.S. national security. The Center for National Security Law has assembled some of America's most thoughtful and respected legal experts to address various aspects of the ongoing struggle against terror. From military commissions and the treatment of detainees to the outsourcing of military functions to civilian contractors and the use of civil litigation against terrorists, this remarkable volume is designed to provide legal scholars, policy makers, and the general public with a serious look at critical legal issues in this unusual armed conflict. Also addressed within the nineteen chapters are the threats of nuclear and biological terrorism and of cyberterrorism, protecting privacy while sharing information with allies and within our own government, and the use of the state secrets privilege to terminate litigation. The volume also includes important chapters on immigration, extradition, rendition, and dealing with "hate propaganda" without violating the First Amendment. This landmark volume is recommended both for classroom use and for general reading by anyone interested in understanding the most important legal controversies in the struggle against terror. "Open discussions about the issues contained in Legal Issues in the Struggle Against Terror are essential if we are to develop a sound, transparent, durable legal regime as a key component of the continuing fight against terrorism." The Law and Politics Book Review

Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 461

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Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Author: Jeffrey F. Addicott
Publisher: Lawyers & Judges Publishing
ISBN: 9781936360178
Category : Law
Languages : en
Pages : 555

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Book Description
This seventh edition of Terrorism Law has been updated to include some of our nation's biggest changes in fighting the War on Terror, including mention of the Boston Marathon bombing and a new section on rules of engagement. This book highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism. It includes chapters on the Iraq war, Supreme Court decisions on detainees, interrogation techniques of the United States military, civil liberties and human rights, civil litigation and the War on Terror, cyber terrorism, and bioterrorism. This new seventh edition is designed to be used as a reference and text in this emerging area of law. It includes many appendices containing important American and international documents pertaining to the War on Terror as well as discussion questions, citations of legal cases pertaining to terrorism, and bibliographic information for further reference.

Author: Jackson Nyamuya Maogoto
Publisher: Routledge
ISBN: 1317175999
Category : Political Science
Languages : en
Pages : 218

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Book Description
The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

Author: John Norton Moore
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 316

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Book Description
Following the horrific 9/11 terror attacks against America, it was widely assumed that we are employing the full legal arsenal against the terrorists. Sadly, however, America, and indeed the world as a whole, was only in the early stages in applying the full rule of law against the terrorist threat. Paradoxically, while more actively applying criminal sanctions against the purveyors of terror, the potential for civil sanctions through large damage awards against terror groups and their supporters seems to have been largely neglected. This book was the first to explore the means and the challenges to more effectively adding the tool of civil litigation to our legal arsenal in the war on terror. As such, it is an important read for statesmen, foreign affairs and national security experts, political theorists, lawyers, and in fact, all those concerned with winning the war on terror.

Author: Yonah Alexander
Publisher: BRILL
ISBN: 9004479341
Category : Law
Languages : en
Pages : 524

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Book Description
For the past four decades, the United States was victimized by both domestic and international terrorism. The September 11, 2001 brutal attacks were the most devastating terrorist acts ever recorded in history. The United States federal legal responses to the challenge of terrorism constitute a substantial and far ranging body of statutory law. The materials included in this volume are the most important laws that concern the threat of terrorism. Many of these laws are part of the general criminal and civil laws of the United States and apply to various forms of criminal and civil activity, including, but not limited, to terrorism. The book also incorporated the latest legislation, the U.S.A. Patriot Act of 2001, signed into law by President George W. Bush on October 26, 2001. Terrorism-related topics include aliens and nationality; armed forces; crimes and criminal procedure; aviation; biological and chemical weapons; foreign relations, antiterrorism assistance, diplomatic security, judiciary and judicial procedure; shipping; transportation; and war and national defense.

Author: International Bar Association. Task Force on International Terrorism
Publisher: Hotei Publishing
ISBN: 9781571053015
Category : Terrorism
Languages : en
Pages : 0

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Book Description
The events of 11 September and their aftermath have set governments and international law-making bodies a number of complex legal challenges in terms of responding to global terrorism whilst protecting people's fundamental rights and freedoms. In response to these challenges, the International Bar Association (IBA) established a Task Force on International Terrorism which has examined the problems of modern terrorism from the perspective of the rule of law and international law and practice. In this report, the Task Force analyses the impact of recent terrorist events on international law and the response by both individual states and the international community. It explores areas of law which need to be further developed and promotes the fundamental values underpinning the international legal system. The report suggests means by which the international community can co-operate to deter, prevent and bring to justice the perpetrators of terrorist acts.

Author: James Beckman
Publisher: Routledge
ISBN: 1317163060
Category : Political Science
Languages : en
Pages : 192

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Book Description
The spectre and fear of another terrorist attack looms large for most of the world's citizenry and for the domestic law agencies charged with protecting these citizens and countries. This book explores how various countries have dealt with or are dealing with homeland security in the aftermath of terrorist attacks such as 9/11, the underground tube attacks in London in 2005, the Madrid train bombing in Spain, and compares global approaches and lessons to the US and the world. This unique study looks at homeland security law and policy utilizing a comparative analysis methodology ideal for those interested in law and security.

Author: Wadie E. Said
Publisher: Oxford University Press, USA
ISBN: 0199969493
Category : Law
Languages : en
Pages : 226

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Book Description
The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.