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http://ssrn.com/abstract=1947059
 
 

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'Use It and Lose It': An Exploration of Unused Counterterrorism Laws and Implications for Future Counterterrorism Policies


Stephanie Cooper Blum


Department of Homeland Security ; Michigan State University

October 20, 2011

Lewis & Clark Law Review, 2012

Abstract:     
This Article explores why the Executive Branch has declined to use three counterterrorism laws - the Alien Terrorist Removal Court, Section 412 of the Patriot Act, and the lone-wolf amendment to the Foreign Intelligence Surveillance Act - and suggests that the reason may be fear that the laws are unconstitutional and, paradoxically, that in some cases they provide too many rights to suspected alien terrorists. The Article also offers three insights from the non-use of counterterrorism laws: (1) that Congress may be passing political responses instead of needed counterterrorism protection; (2) that the judicial branch is using these laws to narrow the scope of other counterterrorism measures, and (3) that we may have a potential gap in security. In this way, the study of unused counterterrorism laws can prove just as insightful and helpful an exercise as the more traditional analysis of frequently-used counterterrorism measures.

Number of Pages in PDF File: 63

Keywords: Counterterrorism, Lone-Wolf Amendment, Alien Terrorist Removal Court, Section 412 of the Patriot Act

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Date posted: October 22, 2011 ; Last revised: March 31, 2012

Suggested Citation

Blum, Stephanie Cooper, 'Use It and Lose It': An Exploration of Unused Counterterrorism Laws and Implications for Future Counterterrorism Policies (October 20, 2011). Lewis & Clark Law Review, 2012. Available at SSRN: http://ssrn.com/abstract=1947059

Contact Information

Stephanie Cooper Blum (Contact Author)
Department of Homeland Security ( email )
United States
Michigan State University
Agriculture Hall
East Lansing, MI 48824-1122
United States
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