The Terror Courts

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Publisher : Yale University Press
ISBN 13 : 0300191340
Total Pages : 539 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Terror Courts by : Jess Bravin

Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.

Courts of Terror

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (252 download)

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Book Synopsis Courts of Terror by : Telford Taylor

Download or read book Courts of Terror written by Telford Taylor and published by . This book was released on 1976 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The 9/11 Terror Cases

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Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The 9/11 Terror Cases by : Allan A. Ryan

Download or read book The 9/11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

Constitutional Torts and the War on Terror

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Publisher : Oxford University Press
ISBN 13 : 0190495286
Total Pages : 281 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Constitutional Torts and the War on Terror by : James E. Pfander

Download or read book Constitutional Torts and the War on Terror written by James E. Pfander and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems

Terror in the Balance

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Publisher : Oxford University Press on Demand
ISBN 13 : 019531025X
Total Pages : 328 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Terror in the Balance by : Eric A. Posner

Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press on Demand. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Law and the Long War

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Publisher : Penguin
ISBN 13 : 1440632847
Total Pages : 324 pages
Book Rating : 4.4/5 (46 download)

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Book Synopsis Law and the Long War by : Benjamin Wittes

Download or read book Law and the Long War written by Benjamin Wittes and published by Penguin. This book was released on 2008-06-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Enemy Combatant Papers

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Publisher :
ISBN 13 : 9780511436772
Total Pages : 0 pages
Book Rating : 4.4/5 (367 download)

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Book Synopsis The Enemy Combatant Papers by : Karen J. Greenberg

Download or read book The Enemy Combatant Papers written by Karen J. Greenberg and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive coverage of the major Supreme Court cases defining the status and rights of detainees held at the Guantanamo Bay US Navy Base.

Terror in the Balance

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190294981
Total Pages : 328 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Terror in the Balance by : Eric A. Posner

Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Courts of Terror

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Publisher : Knopf
ISBN 13 : 0307819892
Total Pages : 252 pages
Book Rating : 4.3/5 (78 download)

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Book Synopsis Courts of Terror by : Telford Taylor

Download or read book Courts of Terror written by Telford Taylor and published by Knopf. This book was released on 2012-06-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The true quality of a judicial system is best measured by its resistance to stress, whether caused by community, racial, or other prejudice, or by the pressure of state political policies and interests.” --Telford Taylor Working in secret for the past several years, a group of distinguished American attorneys, including university law professors, has mounted an intensive campaign to secure the release of a score of Russians, most of them Jews attempting to emigrate to Israel, who have been incarcerated in Soviet prisons on a variety of trumped-up charges. Telford Taylor, prosecutor at the Nuremberg war trials and now professor of law at Columbia University, is one of these lawyers. In this book he makes public how he and his colleagues—among them Alan Dershowitz, Leon Lipson, George Fletcher, and Melvin Stein—have challenged the Soviet judicial system on its own legal grounds, and how the Soviet Union has subverted its own rules for the conduct of trials and the confinement of prisoners in order to accommodate a government policy of discouraging emigration without appearing to prohibit it. The author tells how he and his fellow attorneys prepared and presented to Russian officials petitions containing documentation of false indictments and twisted trial procedures. In one case, a factory mechanic, Isaac Shkolnik, accused of spying for the British, was brought to trial—when the British government denied the accusation—on charges of spying for Israel. In another, a carpenter, Pinkhas Pinkhasov, was tried and imprisoned for overpricing his services after his emigration permit had been issued. Taylor discloses how in case after case, trial after trial, charges have been fabricated, defendants have been denied counsel of their choice, and witnesses requested by the defense have been barred from testifying—all in clear defiance of Soviet law. And—perhaps the most appalling of his revelations—he brings to light the shocking abuse of Jewish prisoners in the camps at the hands of ling-time inmates who were sentenced at the end of World War II for Nazi activities and who by virtue of seniority have become trusties with power to discipline the newcomers. As of early 1976, despite the arduous labors of the American attorneys, despite their visits to Moscow to make personal appeals to Soviet officials (highlighted in Taylor’s account of his dramatic meeting with Roman Rudenko, now the Kremlin’s Procurator General, who served with him as a prosecutor at Nuremberg thirty years ago), only two of the prisoners had achieved early release in possibly unrelated actions. Courts of Terror documents with stinging force how a judicial system can be—and has been—perverted to serve the political purposes of totalitarian state. It is published to set forth the facts, and in hope of opening up new ways to action on behalf of the men who are still unjustly held prisoner.

Beyond Human Rights and the War on Terror

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Author :
Publisher : Routledge
ISBN 13 : 1351006045
Total Pages : 256 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Beyond Human Rights and the War on Terror by : Satvinder S. Juss

Download or read book Beyond Human Rights and the War on Terror written by Satvinder S. Juss and published by Routledge. This book was released on 2018-10-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Courts and Terrorism

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Publisher : Cambridge University Press
ISBN 13 : 1139495372
Total Pages : 285 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts and Terrorism by : Mary L. Volcansek

Download or read book Courts and Terrorism written by Mary L. Volcansek and published by Cambridge University Press. This book was released on 2010-11-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.

Juries, Science and Popular Culture in the Age of Terror

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Author :
Publisher : Springer
ISBN 13 : 1137554754
Total Pages : 292 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Juries, Science and Popular Culture in the Age of Terror by : David Tait

Download or read book Juries, Science and Popular Culture in the Age of Terror written by David Tait and published by Springer. This book was released on 2016-12-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become an everyday reality in most contemporary societies. In a context of heightened fear can juries be trusted to remain impartial when confronted by defendants charged with terrorism? Do they scrutinize prosecution cases carefully, or does emotion trump reason once the spectre of terrorism is invoked? This book examines these questions from a range of disciplinary perspectives. The authors look at the how jurors in terrorism trials are likely to respond to gruesome evidence, including beheading videos. The 'CSI effect' is examined as a possible response to forensic evidence, and jurors with different learning preferences are compared. Virtual interactive environments, built like computer games, may be created to provide animated reconstructions of the prosecution or defence case. This book reports on how to create such presentations, culminating in the analysis of a live simulated trial using interactive visual displays followed by jury deliberations. divThe team of international, transdisciplinary experts draw conclusions of global legal and political significance, and contribute to the growing scholarship on comparative counter-terrorism law. The book will be of great interest to scholars, students and practitioners of law, criminal justice, forensic science and psychology.

Crimes of Terror

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Publisher : Oxford University Press
ISBN 13 : 0190234164
Total Pages : 200 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Crimes of Terror by : Wadie E. Said

Download or read book Crimes of Terror written by Wadie E. Said and published by Oxford University Press. This book was released on 2015-04-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

In Pursuit of Justice

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Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis In Pursuit of Justice by : Richard B. Zabel

Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.

The National Security Court System

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Publisher : OUP USA
ISBN 13 : 0195379810
Total Pages : 256 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The National Security Court System by : Glenn Sulmasy

Download or read book The National Security Court System written by Glenn Sulmasy and published by OUP USA. This book was released on 2009-08-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Glenn Sulmasy proposes a 'third way' solution that avoids the extremes of an unaccountable military court system on the one hand and funneling war-on-terror detainees into the domestic criminal court system on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come"--Jacket.

Legislating the War on Terror

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Publisher : Rowman & Littlefield
ISBN 13 : 0815704178
Total Pages : 435 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Legislating the War on Terror by : Benjamin Wittes

Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Courts and Terrorism

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781107001107
Total Pages : 284 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis Courts and Terrorism by : Mary L. Volcansek

Download or read book Courts and Terrorism written by Mary L. Volcansek and published by Cambridge University Press. This book was released on 2010-11-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to nacro-trafficking, domestic terrorism, and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.