Terrorism

International Law UpdateNbr. 13-11, November 2007

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Summary


Changes made to the Antiterrorism and Effective Death Penalty Act cured some, but not all, of previous defects the Ninth Circuit found in the statute; although amendments that changed the scienter required under AEDPA satisfy constitutional requirements, some terms continue to render provisions of it void on vagueness grounds

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Extract


Terrorism

In the following case, six organizations and some individuals seek to support two organizations that have been labeled "terrorist." They challenge the constitutionality of sections 302 and 303 of the Antiterrorism and Effa ective Death Penalty Act and its 2004 amendment, the Intelligence Reform and Terrorism Prevention Act.

Section 302(a) of the Antiterrorism and Effa ective Death Penalty Act ("AEDPA") authorizes the secretary of state to designate overseas groups as foreign terrorist organizations ("FTOs"). Other provisions of the statute provide cr...

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