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 53
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... caused some changes at the Department of Justice and have bolstered the chances of the detainees prevailing in the lawsuit against Attorney General Ashcroft . On other fronts the picture is not as bright . It appears that mili- tary ...
... caused some changes at the Department of Justice and have bolstered the chances of the detainees prevailing in the lawsuit against Attorney General Ashcroft . On other fronts the picture is not as bright . It appears that mili- tary ...
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... cause célèbre in Canada . On September 26 , 2002 , Arar was returning to Canada from visiting his wife's family in Tunisia and had to change planes at John F. Kennedy Airport in New York . Upon passing through immigration there , he was ...
... cause célèbre in Canada . On September 26 , 2002 , Arar was returning to Canada from visiting his wife's family in Tunisia and had to change planes at John F. Kennedy Airport in New York . Upon passing through immigration there , he was ...
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... caused a large public outcry , particularly in Canada , and Arar was finally released in November 2002. But nothing is known of the untold others who have been rendered , tortured , and disap- peared . Many of the new laws are largely ...
... caused a large public outcry , particularly in Canada , and Arar was finally released in November 2002. But nothing is known of the untold others who have been rendered , tortured , and disap- peared . Many of the new laws are largely ...
Página 6
... cause substantial damage to property . ( VI ) A threat , attempt , or conspiracy to do any of the foregoing . Finally , the USA Patriot Act defines " domestic terrorism " as activities that ( A ) involve acts dangerous to human life ...
... cause substantial damage to property . ( VI ) A threat , attempt , or conspiracy to do any of the foregoing . Finally , the USA Patriot Act defines " domestic terrorism " as activities that ( A ) involve acts dangerous to human life ...
Página 7
... cause and draw a line between freedom fighters , who are fighting for their piece of land , and terrorists , who are trying to impose their will , their way of thinking , by force . Khan added that " [ c ] ountries like Israel or India ...
... cause and draw a line between freedom fighters , who are fighting for their piece of land , and terrorists , who are trying to impose their will , their way of thinking , by force . Khan added that " [ c ] ountries like Israel or India ...
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 |