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Author: John Norton Moore Publisher: ISBN: 9781594608308 Category : Civil rights Languages : en Pages : 0
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: John Norton Moore Publisher: ISBN: 9781594608308 Category : Civil rights Languages : en Pages : 0
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: Emanuel Gross Publisher: University of Virginia Press ISBN: 9780813925318 Category : Political Science Languages : en Pages : 318
Book Description
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
Author: Benjamin Wittes Publisher: Rowman & Littlefield ISBN: 0815704178 Category : Political Science Languages : en Pages : 435
Book Description
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
Author: Thomas McDonnell Publisher: Taylor & Francis ISBN: 1000938492 Category : Political Science Languages : en Pages : 351
Book Description
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
Author: Benjamin Wittes Publisher: Penguin ISBN: 1440632847 Category : Political Science Languages : en Pages : 324
Book Description
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
Author: Aniceto Masferrer Publisher: Edward Elgar Publishing ISBN: 178195447X Category : Political Science Languages : en Pages : 354
Book Description
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Author: Thomas Michael McDonnell Publisher: ISBN: 0415488982 Category : Law Languages : en Pages : 298
Book Description
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing their compliance with international law. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism.
Author: Andrew Lynch Publisher: Federation Press ISBN: 9781862876743 Category : Juvenile Nonfiction Languages : en Pages : 276
Book Description
How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia
Author: Federico Fabbrini Publisher: Edward Elgar Publishing ISBN: 1784715395 Category : Law Languages : en Pages : 368
Book Description
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
Author: John Norton Moore
Author: John Norton Moore
Author: Emanuel Gross
Author: Benjamin Wittes
Author: Thomas McDonnell
Author: Andrea Bianchi
Author: Benjamin Wittes
Author: Aniceto Masferrer
Author: Thomas Michael McDonnell
Author: Andrew Lynch
Author: Federico Fabbrini