CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, January 14, 2022

Greenhouse on The Judicial Response to Terrorism

Linda Greenhouse has posted Two Decades After 9/11: The Judicial Response to Terrorism (A chapter from the published materials of Yale Law School's 2021 Global Constitutional Seminar) on SSRN. Here is the abstract:

The 2021 session of Yale’s Global Constitutional Seminar took place twenty years to the day of the terrorist attacks of September 11, 2001. In the United States and elsewhere, courts have played an important role in shaping the response to terrorist threats—real and imagined—by sometimes deferring to the judgments of the political branches and sometimes applying their own judgment as to what was required by law or rule-of-law principles. This Chapter explores the debates among judges, courts, and theorists about the role of courts in the immediate and long-term responses to terrorism in the post-9/11 world through the lens of three sets of questions. How much weight should judges ascribe to the exceptional nature of terrorism? To what degree are courts competent to consider challenges to national security measures? To what extent should constitutional rights be sacrificed in the name of security? Like other Chapters in this volume, these materials explore the ways in which courts have responded to a large wave of exceptional measures in a time of perceived emergency.

https://lawprofessors.typepad.com/crimprof_blog/2022/01/greenhouse-on-the-judicial-response-to-terrorism.html

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