Amos Guiora of the University of Utah College of Law says that in the wake of the thwarted Christmas Day terrorist attack on a US airliner bound for Detroit, we must recognize that religious extremism poses an immediate danger and that religious extremists no longer deserve immunity predicated on faith.
Article first published in the Jurist: Legal News and Research on January 6, 2009
This article specifically focuses on anticipatory self defense and intelligence gathering in an effort to proactively prevent terror bombings.
Article is forthcoming in University of Toledo Law Review, Vol. 41, 2010.
President Barack Obama has stated that among his initial priorities as commander-in-chief is closing the United States detention facility in Guantanamo Bay. One of his first actions after taking office was to suspend all legal proceedings in Guantanamo so that the newly inaugurated president and his administration [can] review the military commission's process, generally, and the cases currently pending before military commissions, specifically. To that end, on January 22, 2009, President Obama signed an executive order requiring the closure of the Guantanamo Bay detention facility within one year. This Order raises numerous, highly problematic questions including: What do we do with the current detainees? Where will they go? How will they be tried? Will they be tried? What shall be done with future terrorism suspects?
This article is part of the SSRN Legal Studies Research Paper Series and can be also viewed via the SSRN website.