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2006 Winter Session Lectures -

U.S. Response to Terrorism

The following lectures were part of a Wintersession Course entitled "The United States Response to Terrorism". The course included a discussion of sedition laws in the United States, the USA Patriot Act, the detention of the US Citizens as enemy combatants, the use of torture or "robust" interrogation techniques, the constitutionality of the use of military commissions to try the Guantanamo detainees, targeted killing by US agents acting abroad, and the suppression of political speech in the United States.

Audio Lecture Title:
“Sedition In Montana”

January 9, 2006

Professor Clem Work

Professor Clem Work

Professor Clem Work came to UM in 1990 from U.S. News & World Report, where he was a senior editor in the business section. Before that, he was deputy director of the Reporters Committee for Freedom of the Press in Washington, D.C. He began his journalism career working for daily newspapers in the late 1960s in Southern California and in Denver, then took time out from 1972-1975 to obtain a law degree.

Prof. Work heads the graduate program and teaches media law, reporting, editing and graduate seminars. He also edits the Montana Journalism Review. He and his family lived in Kumamoto, Japan, in 1994-95 on a faculty exchange. In the summer of 2000, he rode his trusty 24-year-old bike across the country, filing a story every night (click here).

Prof. Work is the author of the new book, Darkest Before Dawn: Sedition and Free Speech in the American West, University of New Mexico Press (2004) (click here). Prof. Work discusses Montana sedition laws, and the impact they had both in Montana and as a model for the federal Sedition Act of 1918.


Video Lecture Title:
“Representing Jose Padilla”

January 10, 2006

Donna Newman

Donna Newman entered law school at the age of 35, after having a career as a speech pathologist and English teacher and in the midst of raising two children. She graduated New York Law School in 1986. She also holds a Masters of Science Degree in Education from Brooklyn College of the City University of New York (1971) and a Bachelor of Science Degree from Long Island University (1968). She graduated cum laude and received Departmental High Honors Award from Long Island University.

Ms. Newman opened her own practice in 1991 and maintains offices in New York and New Jersey. She predominately practices in federal court, specializing in representing criminal defendants before the district court and the court of appeals. She currently represents Jose Padilla who was designated an enemy combatant by President Bush in June 2002 and was held for over three and a half years at a naval brig in South Carolina.

She is a recipient of the 2003 and 2004 NYSACDL President’s Award. Ms. Newman recently was featured in The New York Times “Public Lives,” Feb. 11, 2003, the New York Law Journal Magazine “Top Cases of 2002"; and the September 11, 2002 edition of Time Magazine. She was elected as one of the Lawyers of the Year for 2002 by Lawyers Weekly, USA. She has participated as a speaker on various panels on terrorism and constitutional rights, including the 2003 Sparer Symposium at the University of Pennsylvania Law School, the Seventh Circuit’s Bar Association Annual Meeting and Judicial Conference; NACDL January annual conference. She was a speaker before the NACDL Board and was a guest speaker at New York Law School’s Spotlight on Women’s Spring 2003 Luncheon. She also served as a faculty member at the Benjamin N. Cardozo School of Law Intensive Trial Advocacy Program.

Ms. Newman discusses how she came to represent Jose Padilla, what has transpired in the case, and what the future may hold for Mr. Padilla.


January 11, 2006

Nancy Hollander

Nancy Hollander

Nancy Hollander is the recipient of numerous awards in her career as one of the preeminent criminal defense attorneys in the United States, including the Order of the Coif. Recipient: Distinguished Achievement Award, University of New Mexico School of Law, 2003; The Henrietta Pettijohn Award, 2000. She was the editor of the University of New Mexico Law Review, 1977-1978, and has been the author of numerous books and articles, including: co-author of The Everytrial Criminal Defense Resource Book, West Group, 1994; Co-Author, 15th Ed. Wharton's Criminal Evidence, West Group, 1997; Wharton's Criminal Procedure, West Group, 2002; "Obtaining Evidence in the U.S. for Use in other Countries," The Champion, January/February, 2004; "Getting Witnesses to Federal Court," The Champion, July 1999; Co-Author: "Dismissal of Jurors," The Champion, July 2000; "Taking Advantage of Underutilized Rules of Evidence," The Champion, Vol. XVIII, No. 7 (1994); "Winning with Experts," Trial, Vol. 29, No. 3 (March 1993); "Expert Testimony in Criminal Trials: Creative Uses, Creative Attacks," The Champion, Vol. XV, No. 10 (1991); "The Incompetent Child Witness," The Champion, Vol. XIII, No. 9 (1989); "Highway Stops and Searches for Drugs Based On Drug Courier Profiles," Drug Law Report, Vol. II, No. 9, (May-June, 1989); "Sufficiency of Indictments," Criminal Defense Techniques, Vol. 1 (1989); co-author, "In Search of a Reasonable Suspicion on the Road to California: Stops, Searches and Seizures and the Drug Courier Profile,'" The Champion, Vol. II, No. 7, 1987; "Proposed Amendments to the Federal Rules on Admissibility of Scientific Evidence: A Defense Counsel's Perspective," 115 F.R.D. 121, 1987; "Immigration Implications for the Alien Defendant," The Champion, Vol. 10 Nos. 4, 5, 1986; "Survey of New Mexico Law, 1985-85: Crim. Law," 15 N.M.L. Rev., 231, 1985; "Defending the Political Client," The Champion, Vol. 8, No. 1, 1984; "Survey of New Mexico, 1981-1982: Crim. Law," 13 N.M.L. Rev. 323, 1983; Uptown: Poor Whites in Chicago, Harper & Row, 1970 (co-author).

Ms. Hollander was the Program Coordinator and faculty, University of Leiden, The Hague, Netherlands for Lawyers appearing at ICTY; Consultant, United Nations Development Programme, "Strengthening Vietnam's Supreme People's Procuracy," Hanoi, Vietnam, 1998; Program Coordinator, Russian Jury Trial Project, 1995-1997; member of faculty: Gerry Spence's Trial Lawyers' College, 1994-1998; National Institute for Trial Advocacy, 1982—; National Criminal Defense College, 1984—; Western Trial Advocacy Institute, 1985-1991; member, Board of Regents, National Criminal Defense College, 1985—; Reviewing Officer and Hearing Panel Member, Disciplinary Board, New Mexico Supreme Court, 1985—; New Mexico Board of Legal Specialization Recognized Specialist in Criminal Law).

Ms. Hollander speaks of her representation of one of the Guantanamo detainees, Mohammedu Ould Salahi.

 

Juval Aviv

January 13, 2006

 

Juval Aviv is the president of Interfor, Inc., an international security agency (click here). Interfor, Inc. maintains offices in Amsterdam, Boston, Buenos Aires, Caracas, Copenhagen, Frankfurt, Hong Kong, London, Los Angeles, Madrid, Mexico City, Miami, Milan, Moscow, New York, Oslo, Paris, Rome, San Diego, St. Louis, Stockholm, Tel Aviv, Tokyo, Toronto, and Zurich. Founded in 1979, Interfor, Inc. is an international investigation and security consulting firm offering comprehensive domestic and foreign intelligence services to the legal, corporate and financial communities.

Interfor is staffed by investigators and fraud examiners, many of whom have been associated with government, defense, and intelligence agencies worldwide, including the British Secret Service, Israeli intelligence, various European agencies, and the United States CID, CIA, DEA and FBI agencies.

Interfor is fully licensed and operates in the United States, Europe, the Middle East, the Americas, Africa and Asia. While the nature of Interfor services precludes disclosing the identity of specific clients, they include Fortune 500 companies, major law firms, an international airline and a number of Western governments (click here).

Mr. Aviv is a former intelligence officer for the Mossad in Israel. He is a frequent commentator on Fox News, and is the author of several books, his most recent is Staying Safe: The Complete Guide to Protecting Yourself, Your Family, & Your Business, HarperCollins (2004).

Mr. Aviv discusses his opinion of the US response to terrorism since 9-11. He also discusses his personal experience with the FBI after he prepared a report for Pan Am about the causes of the Lockerbie bombing.


 
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