Volume 8, No. 1, Spring 2004
A Government's Trustworthiness: Beyond the USA PATRIOT Act
Tung Yin
Although the USA PATRIOT Act has implications for civil liberties, specific court cases involving alleged terrorists are more significant from a constitutional standpoint. Although these cases affect fewer people directly than federal legislation, they represent more extreme assertions of authority that call for a significant degree of trust in the executive branch. This article discusses the impact of current court cases involving alleged terrorists, and their implications for civil liberties.
Tung Yin has been an associate professor of law at the University of Iowa since 2002. After earning his J.D. from the University of California, Berkeley (Boalt Hall) School of Law in 1995, he served as a law clerk to U.S. District Judge Edward Rafeedie (1995-1996), U.S. Court of Appeals Judge J. Clifford Wallace (1997-1998). He then spent three and a half years as a litigation associate at Munger, Tolles & Olson LLP. He currently teaches Constitutional Law, Corporate Crimes, and a National Security Law seminar.
The Status of Terrorists
John C. Yoo
This article argues that members of al Qaeda and the Taliban militia are not legally entitled to the status of prisoners of war under the Third Geneva Convention of 1949. The author does not discuss whether or not the United States made the correct factual determination that the Taliban militia did not meet certain criteria that would have entitled them to protections under the Geneva conventions, but notes only that President Bush had the legal basis to decide whether or not these criteria were met.
John C. Yoo is a professor of law at the Boalt Hall School of law at the University of California, Berkeley.
The Making of Policy: Biometrics, Privacy and Anonymity
Lisa S. Nelson
This article considers whether the advent of biometric technology necessitates the creation of new policy to protect against potential invasions of privacy and autonomy. Biometric technology has gained notoriety since September 11, 2001. The specter of terrorism has generated a political climate characterized by enhanced security measures to protect against future attacks and biometric technology is featured prominently. Two such measures are the USA PATRIOT Act and the Enhanced Border Security and Visa Entry Reform Act. Common to both pieces of legislation is a reference to biometric technology. Although biometric technology has appeared in legislation designated to protect against terrorism, it is not clear whether it is also necessary to create new legislation to preserve privacy and protect autonomy.
Lisa Nelson is an Assistant Professor in the University of Pittsburgh's Graduate School of Public and International Affairs and a Fellow at the Philosophy of Science Center of the University of Pittsburgh. She also serves as an affiliate in the InSITeS Institute at Carnegie Mellon University and the University of Pittsburgh School of Law. She is a recent recipient of a National Science Foundation award to study the societal and legal implications of biometric technology. Her expertise is in the areas of the philosophy of technology and science, political science, and law. She will provide the theoretical and doctrinal analysis to consider the policy and legal implications of the study. In addition, she will examine the epistemological and methodological implications of the information sharing among coalition members. She is a former MacArthur Foundation Scholar and has published in the areas of philosophy of science, jurisprudence, and the social and legal implications of technology.
Paying a Price to Win the War on Terrorism
Ethan S. Burger and Geoffrey K. James
This paper argues that the Bush administration can no longer maintain its current policy on illicit drugs, and have the resources to effectively fight the war on terrorism. The United States' policy on illicit drugs has been unsuccessful for decades, and now that the country is faced with the imminent threat of terrorism, the government should choose to focus on its resources on combating terrorism, rather than maintaining its policies towards drugs.
Ethan S. Burger is a Scholar-in Residence at American University's School of International Service and an Adjunct Associate Professor of Law at AU's Washington College of Law. His principal academic interests include the role of corruption on development, money laundering, business and legal ethics, and corporate governance. He is a member of the D.C. and Maryland bars. Geoffrey K. James is in-house counsel for an Internet technology company. His policy interests include the rule of law in international transactions and reason-based public policy. He is a member of the Illinois bar.
Immigrants' Economic Mobility in California From a Demographic Perspective
Cathy Yang Liu
This paper examines immigrants' economic mobility: their ability to advance out of poverty and achieve higher economic status as their stay in the United States becomes longer. Research data are confined to the state of California because of its special location as a major immigrant destination. Asian and Latino immigrants in particular are analyzed in this paper due to their prominence in number in today's immigration. A demographic perspective (and double-cohort approach in some cases) is adopted to trace the changing status attainment trajectories of different immigrant age and arrival groups over time. While it is evident that immigrants all tend to register economic progress over time, this paper finds striking differences between Asian and Latino status attainments and trajectories of upward mobility. Two factors that help explain the situation, educational attainment and English proficiency, are explored in the paper.
Cathy Yang Liu is currently a Ph.D. student and recipient of the prestigious Provost Fellowship in the School of Policy, Planning and Development at the University of Southern California. Her research interests include urban policy issues, especially housing and immigration, and international economic development. She received her Master's degree in Public Policy from the Harris Graduate School of Public Policy Studies at the University of Chicago and her Bachelor's degree from Foreign Affairs College in Beijing, China. The author is grateful for her helpful suggestions from Dowell Myers and Zhou Yu in forming this draft and review comments from Chicago Policy Review editors.
Informational Privacy: A Crucial Right and Important Element for the First Amendment Rights of Freedom of the Press and Freedom of Speech
Ginger Reilly
This paper addresses informational privacy and how it supports freedom of the press and freedom of speech through the examination of three specific pieces of legislation: Chicago Municipal Code 4-328, Chicago Municipal Code 4-264, and the USA PATRIOT Act. This article adds to existing research by further exploring how privacy underpins freedom of speech, and will investigate the relatively unexplored notion that privacy is supportive of freedom of the press. The paper also considers the overall importance of privacy to society.
Ginger Reilly graduated from the University of Chicago with her M.A. in the Social Sciences in December 2003. Prior to coming to the University she worked as a reporter in Chicago.
Book Reviews
From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (2004) by Michael J. Klarman; Oxford University Press
Nicole Eitmann
Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism (2004) by Geoffrey Stone; W.W. Norton
Kimberly Shearer Palmer
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