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The Long Decade

The Long Decade How 9/11 Changed the Law

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780199368327
  • Published In: April 2014
  • Format: Hardback , 368 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated significant legal changes
    • Broad, interdisciplinary perspectives are informative to all readers interested in either law or politics
    • Contributors have international backgrounds providing diverse and global perspectives

    The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. 

    The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

    Readership: Professors and scholars in the fields of national security law, human rights law, public law, and general readership.

  • Contributors and Editors
    Acknowledgments
    Introduction
    Chapter 1
    The Long Decade
    David Jenkins
    Part I: Fear and the Security Agenda
    Chapter 2
    Security and Liberty: Critiques of the Tradeoff Thesis
    Adrian Vermeule
    Chapter 3
    Security vs. Liberty: On Emotions and Cognition
    Oren Gross
    Chapter 4
    Preventing What? Post-9/11 Mission Amnesia and Mission Creep
    Kent Roach
    Part II: Terrorism in a Borderless World
    Chapter 5
    The War on Terrorism and International Law: Towards a Continental Divide
    Amnon Lev
    Chapter 6
    A European Security Constitution?
    Kaarlo Tuori
    Chapter 7
    Counter-Terrorism's Engagement with Transnational Legality
    Victor V. Ramraj
    Part III: Constitutions under Stress
    Chapter 8
    Legal and Political Constitutionalism, and the Response to Terrorism
    Mark Tushnet
    Chapter 9
    Guantanamo Bay, the Rise of the Courts and the Revenge of Politics
    Fiona de Londras
    Chapter 10
    Citizenship and the Limits of Due Process since 9/11
    David Jenkins
    Part IV: Risk Prevention
    Chapter 11
    'Protect' Against Terrorism: In Service of the State, the Corporation, or the Citizen?
    Clive Walker
    Chapter 12
    The Influence of 9/11 on Swedish Anti-Terrorism Policy and Measures
    Iain Cameron
    Part V: Democratic Accountability, Human Rights, and the Rule of Law
    Chapter 13
    Terrorist Threats and Judicial Deference
    Jens Elo Rytter
    Chapter 14
    Open Secrets in U.S. Counter-Terrorism Policy
    Amy Jacobsen
    Chapter 15
    Views from Mars, Views from Venus: Minding the Gap between What We Say and What We Do on Terrorism
    Gabor Rona
    Epilogue
    Human Rights and Counter-Terrorism: Lessons from a Long Decade
    Martin Scheinin
    Bibliography
    Index

  • David Jenkins is an Associate Professor of Comparative Constitutional Law at the University of Copenhagen School of Law. His area of specialization is comparative constitutional law, with a focus on security issues. He is an attorney-at-law in the United States, earning his J.D. from Washington and Lee University School of Law and his research doctorate through the McGill University Institute of Comparative Law. Amanda Jacobsen is a Research Fellow at the University of Copenhagen. Her areas of specialization are international human rights law and U.S. Constitutional law, and her specific research interests are information access and national security laws. She is licensed to practice law in the United States and earned her J.D. from Duke University. As a practicing attorney, she is habeas counsel for a former-CIA and current Guantanamo prisoner. She has been consulted by, among others, the Open Society Justice Initiative, the Center for Constitutional Rights, and the WikiLeaks

    organization. She also previously worked as a legal researcher at the UNICTR and as a government contract litigator in Washington, D.C. Anders Henriksen is an Associate Professor of International Law and Director of the Centre for International Law and Justice at the University of Copenhagen School of Law. Professor Henriksen specializes in international law, while focusing on the regulation of interstate use of force and the laws of war. He has previously worked for the Danish Institute for Military Studies.

     

     

     

     

    Contributors: 
    Iain Cameron is a Professor of Public International Law at Uppsala University. He has been a member of the Council of Europe Commission on Democracy through Law since 2005. He has also been a Rapporteur for the journal European Public Law (1995-2009) and an expert in the Commission of Inquiry into U.N. and E.U. Sanctions. He is the author of several books, including An Introduction to the European Convention on Human Rights (2011), International Criminal Law from Swedish Perspective (2011), and National Security and the European Convention on Human Rights (2000). 

    Oren Gross is a Professor of Law and the Director of the Institute for International Legal & Security Studies at the University of Minnesota Law School. He was a member of the faculty of the Tel Aviv University Law School in Israel from 1996 to 2002. Between 1986 and 1991, he served as a senior legal advisory officer in the international law branch of the Israeli Defense Forces' Judge Advocate General's Corps. In 1998, he served as the legal adviser to an Israeli delegation that negotiated an agreement with the Palestinian Authority's senior officials concerning the economic component of a permanent status agreement between Israel and Palestine.

    Anders Henriksen is an Associate Professor of International Law at the University of Copenhagen, Faculty of Law. He holds a Ph.D. in international law from the University of Copenhagen and was affiliated with the Danish Center for Military Studies before joining the University. He has written extensively on international law and national security. His 2009 book in Danish, Arven efter Bush: Præsidentembedet og krigen mod terror, focused on the legal legacy of the George W. Bush presidency; his 2010 book, Krigens folkeret - og international væbnet terrorbekæmpelse, dealt with the international regulation of armed counterterrorism; and his 2011 book,Antiterrorismen, retsstaten og demokratiet, discussed various international and constitutional law aspects of Danish counter-terrorism legislation.

    Amanda Jacobsen is a Research Fellow at the University of Copenhagen, Faculty of Law. She is licensed to practice law in the United States and acts as habeas corpus counsel for Abu Zubaydah, a former C.I.A. prisoner, now being detained in Guantanamo Bay, Cuba. Before coming to the University, she worked in private practice in Washington, D.C., primarily in government contract litigation. She has also previously worked as a legal researcher for the Office of the Prosecutor at the U.N. International Criminal Tribunal for Rwanda. 

    David Jenkins is an Associate Professor of Comparative Law at the University of Copenhagen, Faculty of Law. He is an attorney at law in the United States, and earned his J.D. from Washington and Lee University School of Law. In addition to M.A.s in both history and political science from Marshall University, he holds the LL.M. and Doctor of Civil Law (D.C.L.) degrees from McGill University's Institute of Comparative Law in Montréal. He has published multiple articles regarding comparative constitutional law, with a focus on emergency theory, anti-terrorism measures, and the separation of powers. He is currently working on a book for O.U.P., entitled Due Process in the "War on Terror: Extraordinary Procedures in Comparative Law.

    Amnon Lev is an Assistant Professor at the University of Copenhagen, Faculty of Law. He has advanced degrees in both law and philosophy (cand. jur et phil., Ph.D.) and studied law and philosophy in Copenhagen, Freiburg im Breisgau and Paris. His research interests include transformations of sovereignty, natural law, and constitutional politics.

    Fiona de Londras is a Professor at Durham Law School in the United Kingdom. Prior to her appointment at Durham, she was a Lecturer at University College Dublin. Dealing primarily with the relationship between counter-terrorism, human rights and constitutionalism, her work has been published in leading internationally peer-reviewed journals including Human Rights Quarterly, the Modern Law Review, and the Journal of Law and Society. Her latest book, Detention in the 'War on Terror': Can Human Rights Fight Back? was published by C.U.P. in 2011. She is one of the editors of Legal Studies, the scholarly journal of the Society of Legal Scholars, and co-editor in chief of the Irish Yearbook of International Law. 

    Victor V. Ramraj is an Associate Professor in the Faculty of Law, National University of Singapore. From 2006 to 2010, he served as the Faculty's Vice-Dean for Academic Affairs, and in 2010-11, as a Faculty Co-Director of the Center for Transnational Legal Studies in London. He has qualifications in law (LL.B., Toronto; LL.M., Queen's University Belfast) and philosophy (B.A., McGill; M.A., Ph.D., Toronto) and is member of the Law Society of Upper Canada (Ontario). Before joining the N.U.S. Faculty, he served as a law clerk at the Federal Court of Appeal in Ottawa and as a litigation lawyer in Toronto. He has edited several books, includingEmergency Powers in Asia (C.U.P., 2010), Emergencies and the Limits of Legality (C.U.P., 2009), Global Anti-Terrorism Law and Policy (C.U.P., 2nd ed., 2011), and Fundamental Principles of Criminal Law (LexisNexis, 2005). 

    Kent Roach is a Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto, Faculty of Law, with cross-appointments in criminology and political science. He is a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada and has been editor-in-chief of the Criminal Law Quarterly since 1998. His most recent book, The 9/11 Effect: Comparative Counter-Terrorism, was published by C.U.P. in 2011. In 2010, he authored The Unique Challenges of Terrorism Prosecutions: Towards a Workable Relation between Intelligence and Evidence. He has also recently co-edited Global Anti-Terrorism Law and Policy (2nd ed., 2011), and Taking Remedies Seriously (2010). 

    Gabor Rona is the International Legal Director of Human Rights First, where he advises on questions of international law and coordinates international human rights litigation. Previously, he was a Legal Advisor to I.C.R.C. in Geneva, where he focused principally on the application of international humanitarian and human rights law to counter-terrorism policies and practice. In addition, he represented the I.C.R.C. in connection with the establishment of international and other criminal tribunals, including the International Criminal Court. He has also taught International Humanitarian Law and International Criminal Law in several academic settings, including Columbia University in New York, the International Institute of Human Rights in Strasbourg, France and the University Centre for International Humanitarian Law in Geneva, Switzerland.

    Jens Elo Rytter is a professor of constitutional law at the University of Copenhagen, Faculty of Law. His Ph.D. thesis from 2000 concerned fundamental rights and the role of courts in upholding them against the legislature. He is the author of two textbooks on human rights law and has published numerous articles on national and European human rights law and on the constitutional role of the judiciary, including several articles concerned with counter-terrorist measures.

    Martin Scheinin is a Professor of Public International Law at the European University Institute in Florence, Italy. He was also the first United Nations Special Rapporteur on Human Rights and Counter-Terrorism. He was selected for this position after serving for eight years (1997-2004) as a member of the United Nations Human Rights Committee. A few of his recent publications include International Protection of Human Rights: A TextbookMonitoring Human Rights Obligations and the Fight Against Terrorism: Whose Obligations? And Monitored How?Security and the Law - Facing the Dilemmaand The Impact of Human Rights Law on General International Law. 

    Kaarlo Tuori is a Professor of Jurisprudence at the University of Helsinki, Faculty of Law. He is also the Director of the Centre of Excellence in the Foundations of European Law and Polity. He has been a member of the Venice Commission (European Commission for Democracy through Law) since 1998, and it's Vice-President since 2007. In jurisprudence, his main work is Critical Legal Positivism (Ashgate, 2002). He is currently preparing an English version of a monograph called Ratio and Voluntas in Law, which has already appeared in Finnish in 2007. 

    Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He served as a law clerk to Justice Thurgood Marshall. Some of his most recent books include The Routledge Handbook of Constitutional Law (forthcoming 2012); Why the Constitution Matters (Yale University Press, 2010); and The Constitution of the United States of America: A Contextual Analysis (Hart Publishing, 2009). Some of his most recent articles include The Rise of Weak Form Judicial Review (2011); How Different are Waldron's and Fallon's Core Cases for and against Judicial Review? (2010); and A Political Perspective on the Theory of the Unitary Executive (2009).

    Adrian Vermeule is the John H. Watson Professor of Law at Harvard Law School. He is a graduate of Harvard College and Harvard Law School. Vermeule was on the faculty of the University of Chicago Law School from 1998 to 2005, and at Harvard Law School from 2006 onwards. His writings on terrorism and national security include Our Schmittian Administrative Law, Harvard Law Review (2009); Terror in the Balance: Security, Liberty and the Courts (O.U.P., 2007, with Eric A. Posner); and The Executive Unbound: After the Madisonian Republic(O.U.P., 2011, with Eric A. Posner). His next book, The System of the Constitution, will be published by O.U.P. in 2012.

    Clive Walker is Professor of Criminal Justice Studies at the School of Law, University of Leeds, where he has served as the Director of the Centre for Criminal Justice Studies (1987-2000) and as Head of School (2000-05, 2010). He has written extensively on terrorism issues, with publications not only in the U.K. but also in several other jurisdictions, especially the U.S.A., where he has been a visiting professor at George Washington and Stanford Universities. In 2003, he was a special adviser to the U.K. Parliamentary select committee and scrutinized what became the Civil Contingencies Act 2004, from which experience he published The Civil Contingencies Act 2004Risk, Resilience and the Law in the United Kingdom (O.U.P., 2006). His latest book is a comprehensive study of Terrorism and the Law (O.U.P., 2011).

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