Due Process and Surviving America's Kill List: How the Courts and Congress Can End the Executive Branch's Encroachment on Civil Liberties in the War on Terror

2019 ◽  
Author(s):  
Pj Novack
Keyword(s):  
War On Terror ◽  
Due Process ◽  
Civil Liberties

7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial

2016 ◽  
Author(s):  
Steve Foster
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Civil Liberties ◽  
Fair Trial ◽  
Expert Advice ◽  
Police Powers ◽  
Question And Answer ◽  
Questions And Answers ◽  
Bullet Point ◽  
The Right

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts and advice on gaining extra marks. Q&A Human Rights and Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd; and find relevant further reading. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.

7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial

2018 ◽  
Author(s):  
Steve Foster
Keyword(s):  
Human Rights ◽  
Due Process ◽  
Civil Liberties ◽  
Fair Trial ◽  
Expert Advice ◽  
Police Powers ◽  
Question And Answer ◽  
Questions And Answers ◽  
Bullet Point ◽  
The Right

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.

Technology of Control and Control of Technology in Brian K. Vaughan’s Ex Machina

2018 ◽  
Vol 4 (58) ◽  
pp. 70-79
Author(s):  
Anna Oleszczuk
Keyword(s):  
United States ◽  
War On Terror ◽  
Civil Liberties ◽  
Overwhelming Majority ◽  
Domestic Security ◽  
Drone Warfare ◽  
And Control ◽  
Political Governance ◽  
Good And Evil

In the classic era of American comics, the overwhelming majority of superhero stories focused on the straightforward struggle between good and evil, with superheroes embodying the positive values such as justice, order, or patriotism. However, with time both the stories and the characters started to transform. By the end of the 1980s, new, darker series expressing distrust of political governance and all forms of authority started to emerge. In the aftermath of 9/11, this skepticism has found new fuel in a range of policies and actions collectively known as the War on Terror. The paper analyzes Brian K. Vaughan’s Ex Machina (2004-2010) focusing especially on the series’ exploration of domestic security in the post-9/11 United States. The author links the protagonist’s superpower, the ability to communicate with the machines, to the developments in surveillance and drone warfare and investigates the comic’s reflections of such major concerns related to America’s surveillance and security as the constraints on civil liberties

scholarly journals The Gifted Judge: An Analysis of the Judicial Career of Robert H. Jackson

1969 ◽  
pp. 880
Author(s):  
Graeme A. Barry
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Separation Of Powers ◽  
Civil Liberties ◽  
Historical Analysis ◽  
The United States ◽  
Economic Regulation ◽  
International Criminal Tribunals ◽  
Procedural Due Process ◽  
Nuremberg Trials

The author undertakes an historical analysis of the judicial achievements of Robert H. Jackson, Associate Justice of the United States Supreme Court from 1941 until his sudden death in 1954. Justice Jackson's approach to the nature of the judicial function, to judicial review and to the question of extrajudicial activities sheds light on contemporary debate in these areas. Despite being undoubtedly influenced by his place on the "Roosevelt Court," Jackson was a strong individualist, which the author believes accounts for his "maverick" status on the Court Justice Jackson's prominent judicial opinions relating to economic regulation, procedural due process, civil liberties and the separation of powers doctrine reveal how he addressed the inherent tension between judicial review and democracy in the American system of government. The effects of extrajudicial activities are explored with reference to his key role at the Nuremberg Trials, and the appointment of Madam Justice Louise Arbour to serve as Prosecutor for the International Criminal Tribunals.

Race, Ethnicity, and the War on Terror

2019 ◽  
Author(s):  
Kelly Welch
Keyword(s):  
United States ◽  
War On Terror ◽  
Minority Groups ◽  
Civil Liberties ◽  
The United States ◽  
Domestic Terrorism ◽  
Terror Attacks ◽  
Wide Range ◽  
Social Controls ◽  
New Policies

The unofficial War on Terror that began in the wake of the September 11, 2001 terror attacks in the United States expanded a wide range of formal social controls as well as more informal methods of punitive control that were disproportionately directed toward Muslims, Arabs, Middle Easterners, and those who were perceived to be. Although terrorism had been racialized long before 9/11, this event galvanized American support for sweeping new policies and practices that specifically targeted racial and ethnic minorities, particularly those who were immigrants. New agencies and prisons were created, individual rights and civil liberties were restricted, and acts of hate and discrimination against those who were racially, ethnically, and religiously stereotyped as potential terrorists increased. Although research shows that most domestic terrorism is not perpetrated by Muslims, Arabs, or those originating from the Middle East, the racialized stereotype of terrorists had a major impact on how the War on Terror was executed and how its implementation affected members of certain minority groups in the United States.

The Prediction of “Dangerousness” as a Criterion for Involuntary Civil Commitment: Constitutional Considerations

1975 ◽  
Vol 3 (3) ◽  
pp. 291-326 ◽  
Author(s):  
Rona G. Laves
Keyword(s):  
Clinical Judgment ◽  
Due Process ◽  
Expert Witness ◽  
Civil Liberties ◽  
Decision Rules ◽  
Civil Commitment ◽  
High Standard ◽  
The State ◽  
Legal Standards ◽  
The Individual

The fundamental premise of this paper is that involuntary civil commitment constitutes an adversary procedure, since the individual so committed is deprived of fundamental civil liberties. This is particularly true when the individual is committed because he is dangerous to others and the state is, therefore, acting primarily in the interests of others, i.e., the protection of society, rather than in the interests of the patient. The civil commitment hearing must, therefore, meet the high standard of proof required in criminal trials by substantive due process. Civil commitments which are based on the predictions of psychiatrists are a denial of 14th amendment safeguards, since the state of the science does not qualify the psychiatrist as an expert witness. Evidence to this point includes: (1) disagreement among experts on a definition of dangerousness; (2) a lack of consensus regarding indicators of potentially dangerous behavior; (3) confusion on the part of psychiatrists regarding legal standards distinguishing mental illness, incompetency and dangerousness; (4) the unfounded use of clinical judgment rather than actuarial methods in prediction by psychiatrists; (5) the difficulties inherent in the prediction of infrequent events; and (6) the antipodal nature of the decision rules in law and in medicine. Given the fundamental prognostic limitations, the author recommends a reevaluation of current commitment practices and urges psychiatrists to examine the ethical ramifications of their continuing participation in such procedures.

The New Civil Rights Movement

2016 ◽  
Author(s):  
Sunaina Marr Maira
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
War On Terror ◽  
Civil Liberties ◽  
Interfaith Dialogue ◽  
Muslim American ◽  
Global War On Terror ◽  
Nationalist Discourse ◽  
Global War

This chapter explores the emergence of the “Muslim civil rights” movement, as well as interfaith alliances, in the post-9/11 era and how these shape or undermine cross-ethnic and cross-class coalitions. It discusses how civil liberties is a major political paradigm that young Muslim American activists have adopted since 9/11 but one that also confines their resistance, in many instances, to a nationalist discourse of inclusion that evades critique of U.S. imperialism. The investment in interfaith dialogue in some cases also suppresses critique of the global War on Terror, as well as as anti-Palestinian racism, and redirects resistance from cross-racial coalitions to safer forms of activism. The chapter addresses inter-racial tensions and examines how liberal “religious multiculturalism” and practices of “faithwashing” help produce an arrested politics.

Legal Preparedness for Public Health Emergencies: TOPOFF 2 and other Lessons

2003 ◽  
Vol 31 (S4) ◽  
pp. 43-44 ◽  
Author(s):  
John A. Heaton ◽  
Anne M. Murphy ◽  
Susan Allan ◽  
Harald Pietz
Keyword(s):  
Public Health ◽  
Communication Systems ◽  
Due Process ◽  
Civil Liberties ◽  
Martial Law ◽  
State Laws ◽  
State Constitutions ◽  
Public Health Emergencies ◽  
Process Coordination ◽  
Waste Repositories

There is a fine balance between civil liberties and protection of the public’s health.Legislators, especially those in the western United States, are concerned about selling the Model State Act (“Act”) because of the loss of civil liberties. State constitutions give governors broad powers, such as declaring martial law and giving public health leaders the authority to act. State laws should consider issues such as property rights; taking of businesses and supplies; quarantine and isolation; due process; coordination among states, counties and cities; communication systems; conscription of doctors and nurses; and compensation. When two mock emergency response drills were held in New Mexico, concerns arose regarding opening records associated with dams, national laboratories, waste repositories, and three air force bases.

scholarly journals The hyper-regulation of public space: the use and abuse of Public Spaces Protection Orders in England and Wales

Legal Studies ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 543-568 ◽  
Author(s):  
Kevin J. Brown
Keyword(s):  
Public Space ◽  
Due Process ◽  
Civil Liberties ◽  
Public Spaces ◽  
Vulnerable Groups ◽  
Legal Analysis ◽  
England And Wales ◽  
Protection Orders ◽  
The United Kingdom

Contemporary state authorities in the United Kingdom and elsewhere have increasingly sought to regulate the use of public space. This paper explores through a doctrinal and socio-legal analysis how recently introduced Public Spaces Protection Orders (PSPOs) are being used in England and Wales to enforce majoritarian sensibilities at the expense of due process and civil liberties. PSPOs were introduced in October 2014. These orders grant considerable discretion to local authorities to use the threat of criminal sanction to regulate activities in public spaces that they regard as being detrimental to the quality of life of residents. This paper provides the first comprehensive critique of how these orders are used to target minority and vulnerable groups, while curtailing fundamental freedoms. The paper includes suggestions for reforms to make the PSPO function in a manner that is more compatible with a rights-based approach.

Sign in / Sign up

Export Citation Format

Share Document