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The Right to have Rights as Humanity

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0005
Subject:
Law, Public International Law

Chapter 4 examines the right to have rights from the perspective of international human rights law. At issue is the claim that the human is the subject of rights—a claim which is challenged by ... More


Introducing the Hybrid Paradigm and the Historical Analogy

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0002
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect ... More


Detaining Terrorist Suspects after 9/11

Ralph Jason

in America's War on Terror: The State of the 9/11 Exception from Bush to Obama

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652358
eISBN:
9780191745515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652358.003.0004
Subject:
Political Science, International Relations and Politics

This chapter focuses on how US detention policy has evolved since 9/11. The Bush administration claimed that, as enemy combatants in an ongoing armed conflict, terrorist suspects could be detained ... More


Deprivations of Life and Liberty: Detention, Trial, and Targeted Killing

Rebecca Sanders

in Plausible Legality: Legal Culture and Political Imperative in the Global War on Terror

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190870553
eISBN:
9780190870584
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190870553.003.0004
Subject:
Political Science, International Relations and Politics, American Politics

Post-9/11 American counterterrorism policy has strained legal prohibitions on arbitrary deprivations of life and liberty. This chapter surveys domestic and international legal norms governing killing ... More


The Concept of Indeterminate Sentence in the European Criminal Law Doctrine

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0005
Subject:
Law, Criminal Law and Criminology

The chapter analyses the reaction of the European legal culture to the US indeterminate sentence system, its theoretical rejection, and the building of a different method by which indefinite ... More


Introduction

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0001
Subject:
History, American History: 20th Century, Political History

The introduction provides an overview of the broad sweep of immigrant incarceration from the late nineteenth century through the present. Although the number of immigrants in detention today based on ... More


Terror Detentions and the Rule of Law: US and UK Perspectives

Robert H. Wagstaff

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.001.0001
Subject:
Law, Public International Law, Comparative Law

This book describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of suspected terrorists in a manner incompatible with ... More


The War Paradigm Versus the Criminal Law in the United States and United Kingdom

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0008
Subject:
Law, Public International Law, Comparative Law

The Guantanamo and Belmarsh decisions reflect significant differences in the response to terrorism the US and the UK. The Bush Administration’s ‘war on terror’ served as a useful rhetorical and ... More


“We Have No End”: Mariel Cuban Prisoners Rise Up

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0005
Subject:
History, American History: 20th Century, Political History

In the spring and summer of 1980, 125,000 Cubans fled from the port of Mariel outside of Havana to Florida. By 1987, close to 2,400 Mariel Cubans were being held in prisons in Oakdale, Louisiana, and ... More


Guantanamo & Belmarsh

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0007
Subject:
Law, Public International Law, Comparative Law

This chapter analyzes four post-9/11 decisions of the US Supreme Court addressing the detention of suspected terrorists at Guantanamo Bay and four decisions of the UK House of Lords addressing ... More


Conclusion: A Nation of Immigrant Prisons

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0007
Subject:
History, American History: 20th Century, Political History

Although the Supreme Court limited detention for non-citizens in the first decade of the twenty-first century (Zadvydas [2000] and Martinez [2005]), its most recent decisions indicate that under ... More


Dawn of Immigrant Incarceration: Chinese and Other Aliens at McNeil Island Prison

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0002
Subject:
History, American History: 20th Century, Political History

In the mid-1880s, scores of Chinese migrants were sentenced to six months hard labor at McNeil Island prison off the coast of Washington. After serving their sentences, these Chinese remained in ... More


Overview of Transitional Justice Options and the United States Role in Transitional Justice

Zachary D. Kaufman

in United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190243494
eISBN:
9780190243524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243494.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter provides background and context concerning U.S. policy on transitional justice by presenting the panoply of options for addressing suspected atrocity perpetrators and the U.S. experience ... More


The Precipitating Events

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0001
Subject:
Law, Public International Law, Comparative Law

This chapter describes the September 11, 2001 US terror attacks, the July 7, 2005 London terror bombings, and the sequelae of government action. It describes the perversion of leadership in the US ... More


Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Elliott Young

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.001.0001
Subject:
History, American History: 20th Century, Political History

The United States locks up more than half a million non-citizens every year for immigration-related offenses; on any given day, more than 50,000 immigrants are held in detention in hundreds of ICE ... More


Japanese Peruvian Enemy Aliens during World War II

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0004
Subject:
History, American History: 20th Century, Political History

Seiichi Higashide was not an agent of the Japanese emperor or a pro-Axis immigrant, and yet he and more than 1,800 other Japanese Peruvians got caught up in a wave of anti-Japanese hysteria during ... More


Plausible Legality: Legal Culture and Political Imperative in the Global War on Terror

Rebecca Sanders

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190870553
eISBN:
9780190870584
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190870553.001.0001
Subject:
Political Science, International Relations and Politics, American Politics

After 9/11, American officials authorized numerous contentious counterterrorism practices including torture, extraordinary rendition, indefinite detention, trial by military commission, targeted ... More


“A Particularly Serious Crime”: Mayra Machado in an Age of Crimmigration

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0006
Subject:
History, American History: 20th Century, Political History

Machado was just five years old in 1990 when she was brought to the United States by her mother, who was desperate to escape the civil war raging in their home country of El Salvador; she wanted a ... More


The Politics of Plausible Legality

Rebecca Sanders

in Plausible Legality: Legal Culture and Political Imperative in the Global War on Terror

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190870553
eISBN:
9780190870584
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190870553.003.0001
Subject:
Political Science, International Relations and Politics, American Politics

After 9/11, the Bush administration and, to a lesser degree, the Obama administration authorized controversial interrogation, detention, trial, lethal targeting, and surveillance practices. At the ... More


Nathan Cohen, the Man without a Country

Elliott Young

in Forever Prisoners: How the United States Made the World's Largest Immigrant Detention System

Published in print:
2021
Published Online:
April 2021
ISBN:
9780190085957
eISBN:
9780190085988
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190085957.003.0003
Subject:
History, American History: 20th Century, Political History

Nathan Cohen, a Russian-Brazilian Jew, was declared insane and deported from the United States in 1914. After being twice refused landing in Brazil and Argentina, Cohen remained trapped on a ship in ... More


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