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Legal And Trial Issues Stemming From The War On Terror
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Book Synopsis Legal and Trial Issues Stemming from the War on Terror by : Nicholas A. Ferraro
Download or read book Legal and Trial Issues Stemming from the War on Terror written by Nicholas A. Ferraro and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the legal and trial issues arising from the United States' war on terrorism. This book discusses Attorney General Holder's decision to try certain detainees in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by military commission.
Book Synopsis Law and Liberty in the War on Terror by : Andrew Lynch
Download or read book Law and Liberty in the War on Terror written by Andrew Lynch and published by Federation Press. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The ‘War on Terror' and the Framework of International Law by : Helen Duffy
Download or read book The ‘War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helen Duffy's analysis of international law and practice in relation to terrorism and counter-terrorism provides a framework for analysing the lawfulness of the many legislative, policy and judicial developments which have proliferated since 9/11. Among the many specific issues she addresses are targeted killings and the death of Osama bin Laden, detentions (including Guantanamo Bay), sanctions regimes, surveillance, extraordinary renditions, the prohibition on 'association' or 'support' for terrorism and the evolving preventive role of criminal law. She also considers the unfolding responses to political and judicial wrongs committed in the war on terror, such as the impact of the courts on human rights protection. While exploring areas of controversy, uncertainty and flux, she questions post-9/11 allegations of gaping holes, inadequacies or transformation in the international legal order and concludes by highlighting characteristics of the 'war on terror' and questioning its longer term implications.
Download or read book Bad Advice written by Harold H. Bruff and published by . This book was released on 2009 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scathing critique of President Bush's legal advisors, who expanded the reach of his executive powers while creating highly controversial policies for fighting the War on Terror. Argues that these advisors, blinded by ideology, provided largely bad legal advice that caused great harm, and ultimately was unnecessary for national security.
Book Synopsis The War on Terror and the Laws of War by : Geoffrey S. Corn
Download or read book The War on Terror and the Laws of War written by Geoffrey S. Corn and published by Oxford University Press. This book was released on 2014-12-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.
Book Synopsis The War on Terrorism and the Rule of Law by : Richard M. Pious
Download or read book The War on Terrorism and the Rule of Law written by Richard M. Pious and published by . This book was released on 2006 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed and accessible discussion of due process issues invoked by the George W. Bush administration's war on terror.
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.
Book Synopsis From the American Civil War to the War on Terror by : Emily Hartz
Download or read book From the American Civil War to the War on Terror written by Emily Hartz and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.
Book Synopsis Cases and Materials on Terrorism Law by : Jeffrey F. Addicott
Download or read book Cases and Materials on Terrorism Law written by Jeffrey F. Addicott and published by Lawyers & Judges Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Terrorism Law has been updated to include some of our nation's biggest changes in fighting the war. 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 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.
Book Synopsis Terrorism Law by : Jeffrey F. Addicott
Download or read book Terrorism Law written by Jeffrey F. Addicott and published by Lawyers & Judges Publishing. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now fully updated, this fifth edition 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.
Download or read book Crimes of Terror written by Wadie E. Said and published by Oxford University Press, USA. This book was released on 2015 with total page 226 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.
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.
Book Synopsis Terrorism and the Constitution by : H. L. Pohlman
Download or read book Terrorism and the Constitution written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
Book Synopsis The ‘War on Terror' and the Framework of International Law by : Helen Duffy
Download or read book The ‘War on Terror' and the Framework of International Law written by Helen Duffy and published by Cambridge University Press. This book was released on 2015-04-09 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the international legal framework governing terrorism and counter-terrorism and assesses the legal issues relating to post-9/11 international practice.
Book Synopsis Human Rights in the 'War on Terror' by : Richard Wilson
Download or read book Human Rights in the 'War on Terror' written by Richard Wilson and published by Cambridge University Press. This book was released on 2005-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the war on terror since 9/11 from a human rights perspective.
Book Synopsis The War on Terror by : James P. Terry
Download or read book The War on Terror written by James P. Terry and published by Rowman & Littlefield Publishers. This book was released on 2013-05-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former Marine judge advocate and legal counsel to General Colin Powell, James Terry explores the genesis of the United States approach to terror violence and the legal foundation for the nation’s response to the conflicts in Afghanistan and Iraq. Terry first reviews the entire spectrum of legal issues that arise before offering creative and practical legal and political solutions to counter terrorist activities. The author examines the development of rules of engagement and their application in the terrorist environment while differentiating the law of self-defense in this environment from more traditional conflicts. He also addresses the role of interrogation, and the line between harsh interrogation and torture, and the jurisdictional claims that arise. This volume examines a large number of topics related to the struggle and in a remarkably concise exploration, makes them understandable to experts in international law as well as those who do not have a strong background in the field. This text provides a serious but concise review of the legal issues in 20 interrelated chapters. All constitutional law scholars and political scientists will greatly benefit from reading this book. No other text offers such a comprehensive or detailed review of the issues arising from the war on terror.
Download or read book War by Other Means written by John Yoo and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The key legal architect of the Bush administration’s response to 9/11 delivers a fascinating insider account of the war on terror. While America reeled from the cataclysmic events of September 11, 2001, John Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America’s fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, and military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly
