The Governance of Terror: Precautionary Logic and Counterterrorist Law Reform After September 11

This article examines how lawmakers respond through law reform to the prospect of further terrorist attacks after September 11. The first part examines ways of conceptualizing the terrorist threat, drawing upon notions of risk, fear, catastrophe, and precaution. The concept of the Precautionary Principle is introduced and explored as a tool for making sense of, and improving, law reform processes in counterterrorism. The second part deploys these concepts through two case studies of counterterrorist law reform: Canada and Australia. What constitutes expertise in this area is considered, as is the capacity of legislators to scrutinize the arguments of necessity and prognoses of dire threat put forward by executive government.     

September 11: A societal reaction perspective

This article illustratesthe application of the labeling or societalreaction theory regarding the events ofSeptember 11, 2001. It explains thevarious types of labels that societyassigned to ``September 11' and how societalreactions led to governmental and lawenforcement changes. Pertinent opinionpolls were analyzed to indicate the powerof labeling which, in turn, was used todemonstrate how the USA PATRIOT Act waspassed during heightened societalreaction.     

Slouching Towards New ‘Just’ Wars: International Law and the Use of Force After September 11th

Netherlands International Law Review -     

After September 11th: the Fight Against Terrorism in National and European Law. Substantive and Procedural Rules: Some Examples

Abstract: The terrorist attacks suffered by the United States of America on 11 September 2001 have caused a considerable increase in legislation at national and European level with the same objective: the fight against terrorism. The special nature of this crime makes judicial cooperation among states indispensable. In this context, both kinds of instruments are contemplated in order to provide the necessary measures especially—and not especially—addressed to prevent and repress terrorism: they give place to substantial and procedural rules, such as the European Arrest Warrant in the territory of the European Union. But in this claimed fight against terrorism there are also two important risks, namely the creation of a kind of ‘Security Criminal Law’ from a material point of view and the arguable breach of human rights infringed by some of those procedural measures.     

Transforming Public Health Law: The Turning Point Model State Public Health Act

Law is an essential tool for improving public health infrastructure and outcomes; however, existing state statutory public health laws may be insufficient. Built over decades in response to various diseases/conditions, public health laws are antiquated, divergent, and confusing. The Turning Point Public Health Statute Modernization National Collaborative addressed the need for public health law reform by producing a comprehensive model state act. The Act provides scientifically, ethically, and legally sound provisions on public health infrastructure, powers, duties, and practice. This article examines (1) how statutory law can be a tool for improving the public's health, (2) existing needs for public health law reform, (3) themes and provisions of the Turning Point Act, and (4) how it is being used by public health practitioners.     

刑法公法说之反思

在民生刑法时代,反思刑法的法律类别有助于使刑法理论更加严谨、与时俱进、增强公民的权利意识。刑法不是公法,也不是私法,而是保障法。