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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

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Archive for May, 2010

Better Rules for Terrorism Trials – a working paper from Brookings

From Brookings: Better Rules for Terrorism Trials May 08, 2009 More than seven years after 9/11, the government’s legal, practical and moral authority to detain suspected terrorists without trial remains a subject of fierce debate. Robert Litt and Wells Bennett say Congress could significantly ameliorate the problem by authorizing the creation of a National Security Bar, […]

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May 28th, 2010 Uncategorized

NY Times Editorial Calls Khadr roceedings “Tainted Justice”

A New York Times editorial published May 23, 2010 argues that the prosecution of Omar Khadr pursuant to the Military Commissions Act of 2009 is "Tainted Justice." You can read the complete editorial here.  

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May 28th, 2010 Uncategorized

Obama officials failed to get new rules in Khadr tribunal

What is the correct definition of "murder in violation of the law of war", an offense punishable under the Military Commissions Act of 2009?  Is there a difference between the tossed grenade in the Khadr trial and a missle strike launched by a civilian employee of the CIA?  In the linked article, the CANWEST news […]

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May 28th, 2010 Uncategorized

The U.S. Intelligence Community Law Sourcebook: A Compendium of National Security Related Laws and Policy Documents

The U.S. Intelligence Community Law Sourcebook: A Compendium of National Security Related Laws and Policy Documents. The American Bar Association will publish on June 15, 2010 The U.S. Intelligence Community Law Sourcebook: A Compendium of National Security Related Laws and Policy Documents, which purports to be “your complete guide to U.S intelligence community source material, […]

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May 28th, 2010 Uncategorized

The National Security Court System: A Natural Evolution of Justice in an Age of Terror

I have started reading Professor Glenn Sulmasy's 2009 book The National Security Court System: A Natural Evolution of Justice in an Age of Terror from Oxford University Press to decided whether to assign it for the fall term.  A counter argument, also published in 2009, entitled The Case Against a Special Terrorism Court is available from the organization […]

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May 27th, 2010 Uncategorized

Forthcoming Law Review Article: Terrorism Trials and the Article III Courts after Abu Ali

Stephen I. Vladeck of American University – Washington College of Law has posted an article on the Social Science Research Network available at this link.  His abstract: To say that it is difficult to divorce the debate over the suitability of trying terrorism suspects in the Article III courts from the politics of the moment […]

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May 26th, 2010 Uncategorized

Goldsmith & Heymann Debate Options for KSM

Goldsmith & Heymann Debate Options for KSM | Harvard National Security Journal According to the Harvard National Security Law Journal at the link above: On April 19th, Professors Jack Goldsmith and Phil Heymann of Harvard Law School debated what the Obama administration should do with alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM).  According to both […]

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May 26th, 2010 Uncategorized

The United Nations has released a Digest of Terrorism Cases.

The United Nations has released a Digest of Terrorism Cases, dated 2010. According to the preface: The United Nations Office on Drugs and Crime (UNODC) brought together senior criminal justice experts—including Attorney-Generals and Chief Prosecutors—to share experiences and good practices on how to deal with terrorism cases. The outcome is this Digest of Terrorist Cases, giving policymakers […]

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May 25th, 2010 Uncategorized

White House still plans to buy Illinois prison – Guantánamo – MiamiHerald.com

White House still plans to buy Illinois prison – Guantánamo – MiamiHerald.com On Friday. May 21, 2010, a committee of the House voted to restrict the Administration's ability to spend money to buy a prison in Illinois, but the Administration responded by saying that it already had the money and was going ahead with the purchase.  […]

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May 25th, 2010 Uncategorized

Obama Gives Commanders Wide Berth for Secret Warfare – Politics – The Atlantic

This could have an impact on which forum to use for a particular prosecution.  Given the dual nature of our legal systems — international and domestic — there may be an advantage to using a court that applies domestic law in the prosecution of someone against whom a technique was used that is legal under […]

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May 25th, 2010 Uncategorized

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