In short, the law is secondary to politics and to diplomacy, pragmatism and expedience.
Our investigation of case law will, therefore, be less than fully satisfying: these cases concern, in fact, countries where terrorism is, put in geographic and demographic scale, not a genuine threat to the political, social or economic system. And that is true however much of a public shame and political issue it has become, however much disquiet it may have spawned. Compare, for example, the cost of natural disasters and human error or negligence: the tsunami  , hurricane Katrina  , and Chernobyl .
The point of this survey is not so much to list sources - many of these could be found with a search engine and legal database; others by using some of the better bibliographic sites listed here.
It is rather to provide some assistance in planning research and in formulating issues to address - to examine the range of issues and provide links, first to sources that are considered reliable and unbiased, then to specimen law cases  and scholarly articles and, finally, to opinions and arguments not otherwise adumbrated which, even if they are in support of a particular agenda are coherent, plausible and forthright in their advocacy or apologia.
Collected here are many of the major court cases involving terrorism and terrorists of the modern era, as well as a sampling of issues related to terrorism. Whatever the researcher's focus, he or she might well begin by reading the Grotius lecture delivered at the British Institute of International and Comparative Law on November 13, by Judge Gilbert Guillaume. Many cases cited within those archived have also been archived and are linked.
If access to an outside link is broken readers should try accessing them at Archive. JSTOR, which includes many law reviews and law-related journals, can be accessed at most university libraries and many larger public libraries, sometimes from home. HEIN Online. Westlaw and LexisNexis can be accessed by eligible users at most law libraries in the USA and some in other countries. Mehanna , 4 Harv. Nat'l Security J. Dept of Homeland Security, Counter-terrorism laws and regulations U. Williams, "CIA torture report seen abroad as proof of U.
Because of the relatively short life of many Web sites and links and the limited access to Anglo-American case law by students and researchers in other areas of the world, all the cases cited and many of the articles listed have been archived and should be accessible for some years. The European - and Israeli - expectation is compromise and concession; the Palestinian is "justice" without regard to compromise or counterclaim and this without regard to issues of security. Compare the draft Arab Charter of Human Rights.
Callender , 25 F. Cas C. Nebraska , U. Iowa , U.
Baeker , 55 F. United States , U. Attorney-General for Canada ,  A. New York , U. Kawakita , 96 F. Sailors' Snug Harbor , 28 U.
Peace Res. Murphy, ed. Int'l L. Few decisions address the definition of "terrorism" as such, and indeed black-letter law can only punish specific acts and deeds. See Humanitarian Law Project v. Dep't of Justice , F.
Blackmer extradition Republic of Chile cases, F. Referred to in the latter play is the convictions of Sonia Jacobs Jacobs v. Singletary , F. Times, Oct. Embassy in Tehran on Nov. There had been a similar demonstration a few days earlier which was defused.
Classified exchanges between the Embassy and Washington on the issue of giving the Shah a visa was included by the Embassy attackers among many purloined cables published as "Documents from the nest of spies". Allied and Adversaries, I. Says" , New York Times, Aug. The defendants are mentioned in In re Enron Corp. This creates a problem in purporting to apply or not the laws of war. There is, in any case, an asymmetry and a risk of the "war" degenerating into a typical colonial conflict. In Padilla v. Rumsfeld , F.
This seminar is designed to address the most current challenges in federal child exploitation cases and is appropriate for experienced prosecutors of child exploitation offenses as well as those who may be less experienced. This seminar is intended to develop and enhance their deposition practice skills. Brief Writing for Criminal Litigators Seminar. Targeted killings and the international human rights law: The case of Anwar Al-Awlaki. Intellectual Property Crimes Seminar.
That the conflict is with a non-sovereign enemy without corporate existence or centralized power structure was not addressed, but the possibility of its indefinite duration was. Justice Holmes in Schenck v. Supreme Court judgments since then. The misrepresentation issue is addressed in a few cases including Perez v. Ohio Casualty Ins. Sabato , A. Times, Feb. Pieck ,  E. Home Office ,  E. Belgium ,  E. Code and C.
Times : March 27, , pp. A and the Attorney General's decision of Nov. Assimilating in-your-face dissent and eccentricity to support of terrorism, or using laws, deliberately vague and open-ended and designed to thwart terror against passive dissenters, may deny the government a consensus for measures necessarily questionable in terms of human rights because they are aimed at presumed planners of terrorist acts and their supporters.
Compare the more general issue of suppressing public dissent in the presence of policymakers, e. Trapilo , F.
Pasquantino , F. Boots , 80 F. Children's Aid ,  1 S. Duplessis ,  S.
Mount Roskill Borough ,  N. Kadidal, S.
Confronting ethical issues in national security cases: The Guantanamo habeas litigation. Seton Hall Law Review. Kuhn, W.
The modern development of homegrown creative justice: The speedy trial rights of military detainees. Syracuse Law Review. Kumar, M. Mississippi Law Journal. Luban, D. Lawfare and the legal ethics in Guantanamo.