Description

Understanding the Law of Terrorism 2nd Edition Erik Luna ISBN 9780769849072

This Understanding treatise offers a concise yet comprehensive review of the major areas of law affected by terrorism. Clearly written and thoughtfully organized, Understanding the Law of Terrorism examines how counterterrorism efforts in law enforcement, intelligence gathering, and military operations influence—and at times distort—legal doctrines and policy across a wide range of fields, including criminal law and procedure, constitutional law, evidence, national security law, and the law of armed conflict.

The book addresses a broad array of topics, including:

• The challenges of defining terrorism, the principal federal statutes and jurisdictional bases, the role of conspiracy doctrine in terrorism investigations and prosecutions, and the resulting implications for political freedom;

• Crimes involving the encouragement or assistance of terrorism, particularly the provision of material support to terrorist activity or foreign terrorist organizations, as well as potential civil liability for terrorist acts;

• The doctrinal impact of terrorism-related searches, issues of profiling in investigations, and the detention and deportation of terrorism suspects;

• The use of intelligence surveillance for counterterrorism purposes, the development of the Foreign Intelligence Surveillance Act, and the legal challenges of mass surveillance before and after the Snowden disclosures;

• The interrogation of terrorism suspects domestically and abroad, including the legal and historical issues surrounding torture and extraordinary rendition in the war on terror;

• The state secrets privilege and defendants’ rights in terrorism cases, the application of the Classified Information Procedures Act, and challenges involving public trials and courtroom security;

• The evolution of the law of armed conflict and U.S. war powers, including the use of military force against terrorist organizations and foreign states in response to, or in anticipation of, terrorist threats;

• Military detention and trial as incidents of war, the developing law governing the detention of terrorism suspects—particularly at Guantánamo—and the use of military commissions to prosecute alleged terrorists; and

• The use of targeted killings as a counterterrorism strategy and the legal implications of this practice within the broader war on terror.

Understanding the Law of Terrorism provides judges and practitioners with a foundational understanding of an increasingly important area of law, while also serving as a valuable teaching resource for students and instructors seeking to explore the legal, ethical, and constitutional challenges posed by terrorism and counterterrorism policy.

Understanding the Law of Terrorism 2nd Edition Erik Luna ISBN 9780769849072, 978-0769849072 & 9780327187639

Authors
Erik Luna
Wayne McCormack