Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist ThreatUniversity of Michigan Press, 2009 M11 11 - 320 páginas "We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air." -Michael Ratner, President, Center for Constitutional Rights, from the foreword "A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks." -Michael P. Scharf, Case Western Reserve University School of Law With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11. The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system. While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance. |
Dentro del libro
Resultados 1-5 de 34
Página 4
... activities of state actors and even insur- gent and revolutionary groups . Instead it is applied to small , ideologically motivated groups , and whose strategies of ter- ror - violence are designed to propagate a political message ...
... activities of state actors and even insur- gent and revolutionary groups . Instead it is applied to small , ideologically motivated groups , and whose strategies of ter- ror - violence are designed to propagate a political message ...
Página 6
... activities that ( A ) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State ; ( B ) appear to be intended- ( i ) to intimidate or coerce a civilian population ; If someone's ...
... activities that ( A ) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State ; ( B ) appear to be intended- ( i ) to intimidate or coerce a civilian population ; If someone's ...
Página 7
... lack of compromise was of little concern , and nations addressed terrorist activities using definitions that suited their own political , economic , and national security EQUAL JUSTICE in the balance 10 goals . For example.
... lack of compromise was of little concern , and nations addressed terrorist activities using definitions that suited their own political , economic , and national security EQUAL JUSTICE in the balance 10 goals . For example.
Página 9
... activities without remorse . Still , it is not uncommon for terrorist groups to offer strategic and seemingly logical explanations for their behavior , believing “ for good reason , that any attempt to explain their motivations in psy ...
... activities without remorse . Still , it is not uncommon for terrorist groups to offer strategic and seemingly logical explanations for their behavior , believing “ for good reason , that any attempt to explain their motivations in psy ...
Página 10
... activities . She cautions , however , that emphasis on the strategic reasoning capabilities of terrorists must be juxtaposed against the typical stereotype of ter- rorists as irrational fanatics . Otherwise , we risk underestimating the ...
... activities . She cautions , however , that emphasis on the strategic reasoning capabilities of terrorists must be juxtaposed against the typical stereotype of ter- rorists as irrational fanatics . Otherwise , we risk underestimating the ...
Contenido
2 AMERICAN RESPONSES TO TERRORISM A HISTORICAL PERSPECTIVE | 2 |
3 ASSESSING THE TERRORIST THREAT | |
4 THE USA PATRIOT ACT A CHALLENGE TO EQUAL JUSTICE? | |
5 OTHER POST911 LEGAL RESPONSES | |
6 JUDICIAL REACTION TO THE POST911 LEGAL RESPONSES | |
CONCLUSION | |
Appendixes | |
Notes | |
Bibliography | |
index | |
Otras ediciones - Ver todas
Equal Justice in the Balance: America's Legal Responses to the Emerging ... Raneta Lawson Mack,Michael J. Kelly Vista previa limitada - 2004 |
Términos y frases comunes
Achille Lauro administration Afghanistan agencies agents al Qaeda American arrested Ashcroft Assessing attorney authority balance biological bombing Bush civil Congress constitutional crime criminal cyberterrorism defendant defendant's detained detention enemy combatant EQUAL JUSTICE federal courts FISA FISA court force foreign intelligence Fourth Amendment Geneva Convention global government's groups Hamdi hijackers Homeland Security indictment individual information warfare investigation Iraq Islamic issued Judge judicial Korematsu law enforcement legislation liberty Lindh material witness ment Military Commissions military order Moussaoui Muslim national security noncitizens Notes to Pages nuclear Office Padilla person plea agreement political President prisoners prosecution protect Qaeda rorist rules Section Senator September 11 attacks strategic supra note surveillance suspected Taliban targets terrorism terrorist terrorist activity terrorist attacks Terrorist Threat tion trial tribunals U.S. citizens U.S. Supreme Court United USA Patriot Act war on terrorism WASHINGTON POST YORK
Pasajes populares
Página 8 - Investigation (FBI) defines terrorism as "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives" (Federal Bureau of Investigation 1996, 3).
Página 2 - But a judicial construction of the due process clause that will sustain this order is a far more subtle blow to liberty than the promulgation of the order itself.
Referencias a este libro
Protecting What Matters: Technology, Security, and Liberty since 9/11 Clayton Northouse Vista previa limitada - 2007 |