counter terrorism issues case studies in the courtroom

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Counter Terrorism Issues

Author : James Ottavio Castagnera
ISBN : 9781466571938
Genre : Computers
File Size : 42. 88 MB
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The American legal profession and judicial system bear a unique responsibility to set and maintain the balance between defending homeland security and protecting the civil liberties outlined in the Bill of Rights. These competing interests will continue to collide as the threats to our safety grow. Exploring the most significant terrorist cases of the past two decades, Counter Terrorism Issues: Case Studies in the Courtroom presents a panoramic view of the American judiciary’s handling of domestic terrorism in the last 20 years. Drawing extensively upon trial transcripts, witness statements, and judicial opinions, the book brings the underlying events back to life and demonstrates how the criminal justice system has sought to grapple with conflicting facts and countervailing legal rights and responsibilities. The book examines some of the most notorious recent cases—the two attacks on the World Trade Center, the Oklahoma City bombing, and the Fort Hood massacre. It also looks at lesser-known but equally important incidents, including those involving animal-rights radicals who harass university researchers and corporate executives, as well as the actions of terrorist "wannabes" who threaten our security. Also discussed are attempts by victims of terrorist attacks to sue state sponsors of terrorism. Through the words of witnesses, judges, and the attorneys who tried these cases in America’s courtrooms, the book provides important commentary on the related back-stories and historical/political contexts of these events, enabling readers to understand the significance of these often-infamous attacks on U.S. soil.

Evaluating Counterterrorism Performance

Author : Beatrice de Graaf
ISBN : 9781136806544
Genre : History
File Size : 62. 63 MB
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This book offers a new model for measuring the success and impact of counterterrorism strategies, using four comparative historical case studies. The effectiveness of counterterrorism measures is hard to assess, especially since the social impact of terrorist attacks is a fundamental and complex issue. This book focuses on the impact of counterterrorist measures by introducing the concept of the performative power of counterterrorism: the extent to which governments mobilize public and political support - thereby sometimes even unwittingly assisting terrorists in creating social drama. The concept is applied to counterterrorism in the Netherlands, Italy, the Federal Republic of Germany and the United States in the 1970s. Based on in-depth case study research using new primary sources and interviews with counterterrorist officials and radicals, a correlation is established between a low level of performative power and a decline of terrorist incidents. This is explored in terms of the link between social drama (as enhanced by counterterrorist measures) and ongoing radicalization processes. This book demonstrates that an increase in visible and intrusive counterterrorist measures does not automatically lead to a more effective form of counterterrorism. In the open democracies of the west, not transforming counterterrorism into a performance of power and repression is at least as important as counterterrorism measures themselves. This book will be of much interest to students of terrorism and counter-terrorism, discourse analysis, media and communication studies, conflict studies and IR/Security Studies in general.

Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights

Author : Ana Salinas de Frias
ISBN : 9789287176851
Genre : Political Science
File Size : 80. 13 MB
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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.

Counterterrorism Law

Author : Stephen Dycus
ISBN : 9781454881131
Genre : Law
File Size : 48. 7 MB
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The Third Edition of Counterterrorism Law not only updates the leading casebook in this field with recent developments, but also adds new chapters on bulk collection, the structure of habeas, and the procedural path to terrorism trials. This edition also includes new features that make these challenging materials easier to read and teach: introductory questions for principal cases, and a summary of basic principles at the end of each chapter. A comprehensive Teacher’s Manual gives adopters helpful additional backup. New to the Third Edition: Important recent cases, including: • American Civil Liberties Union v. Clapper (2015) • In re Application of the Federal Bureau of Investigation (2015) • Ibrahim v. Dept. of Homeland Security (2014) • Turkmen v. Hasty (2015) • Hedges v. Obama (2013) • Aamer v. Obama (2014) • Al Bahlul v. United States (2015) Other significant new materials: • materials on the U.S. intervention in Syria and operations against ISIL • materials on standards for targeted killing • a new chapter on bulk collection and data-mining • re-organized chapters on intelligence methods, the organization of the intelligence community, and intelligence operations • re-organized chapters on “enhanced interrogation,” including the SSCI report Features Table of Cases, Third Edition Index, Third Edition Preface / Sample Chapters Preface, Third Edition

American Justice 2014

Author : Garrett Epps
ISBN : 9780812291308
Genre : Law
File Size : 85. 50 MB
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In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.

The Impact Legitimacy And Effectiveness Of Eu Counter Terrorism

Author : Fiona de Londras
ISBN : 9781317524649
Genre : Political Science
File Size : 46. 76 MB
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Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism. Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society. This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.

Critical Debates On Counter Terrorism Judicial Review

Author : Fergal F. Davis
ISBN : 9781107053618
Genre : Law
File Size : 46. 49 MB
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An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.

The War On Terrorism And The Rule Of Law

Author : Richard M. Pious
ISBN : 0195330730
Genre : Political Science
File Size : 64. 69 MB
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Pious' book provides a detailed discussion of due process issues invoked by the George W. Bush administration's war on terror. This book questions the premise that the government's obligation to protect Americans from terrorist acts leads to an inevitable tradeoff between constitutional and legal guarantees of due process. Instead, Pious argues that bringing terrorists to justice through the due process of law provides more rather than less security. The introductory chapter begins by laying out worst-case scenarios for terrorist attacks on the United States. Case studies of recent court cases document that when law enforcement takes shortcuts it may not only result in the imprisonment of innocent people, but also distorts or falsifies the intelligence needed to deploy law enforcement resources in the most efficient manner. Subsequent chapters apply this perspective to such topics as government surveillance (including warrantless surveillance), data-mining, immigration "hold and clear" hearings, the application of material support and material witness statutes, rules of evidence determining access to witnesses, the indefinite detention of American citizens and non-citizens, the use of military hearings, and the authorized and unauthorized mistreatment of detainees to obtain intelligence. Pious provides accessible, up-to-date materials such as testimony and speeches by Bush administration officials presenting their arguments for an "intelligence-driven" approach rather than a due process approach to combat terrorism, congressional testimony refuting these claims, proposed legislation to require adherence to due process of law, recent statute law delegating extensive power to government officials, and federal cases attempting to strike a balance between governmental prerogative claims and the rights of defendants. The cases have been extensively edited to make them accessible to undergraduate students and other non-lawyers. The author provides extensive commentaries and notes, some of which are based on his own research, and others that present alternative viewpoints. These are designed to stimulate students, organize class discussion, and point out further avenues of research and inquiry. Suggested readings at the end of the book provide students with a preliminary bibliography for short essays or longer research papers.

Terrorism And The Law

Author : Gregory E. Maggs
ISBN : 0314908587
Genre : Law
File Size : 57. 11 MB
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The text considers legal aspects of a broad range of methods that governments have for fighting terrorism, including criminal penalties, economic sanctions, immigration restrictions, military force, and civil liability. It addresses not just the steps taken in reaction to the 9/11 attacks, but also to many other counter-terrorism measures by the United States and other nations in recent years. To offer a global and comparative perspective, the materials include cases from foreign countries and international tribunals. The revision addresses many new legal developments that have occurred since publication of the original edition, including new Supreme Court decisions and federal legislation.

U S China Counterterrorism Cooperation Issues For U S Policy

Author : Shirley A. Kan
ISBN : 9781437919363
Genre : China
File Size : 71. 14 MB
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After 9/11, the U.S. faced a challenge in enlisting the support of the People¿s Rep. of China (PRC) in the counterterrorism fight against Al Qaeda. This effort raised short-term policy issues about how to elicit coop¿n. and how to address PRC concerns about the U.S.-led war in Iraq. Contents: (1) Aftermath of the 9/11 Attacks; (2) Policy Analysis; (3) Options and Implications for U.S. Policy: Summits and ¿Strategic¿ Ties; Law-Enforcement Coop¿n.; Uighur People in Xinjiang and ¿Terrorist¿ Organization; Detained Uighurs at Guantanamo; Olympic Security and Violent Incidents; Sanctions on Exports of Arms and Security Equipment; Weapons Nonprolif.; Port Security; Military-to-Military Contacts; Shanghai Coop. Organization; PRC-Origin Weapons and Iran.

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