The impact of the threat of terrorism on U.S. District Court decisions during wartime

Federal courts are key actors in the U.S. government’s fight against terrorism because they adjudicate cases based on the USA PATRIOT Act, and accordingly make national security policy. We examine the extent that the terror threat influences judicial decisions in a dataset of 111 USA PATRIOT Act cas...

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Bibliographic Details
Authors: Tauber, Steven C. (Author) ; Banks, Christopher P. (Author)
Format: Electronic Article
Language:English
Published: 2017
In: Terrorism and political violence
Year: 2017, Volume: 29, Issue: 5, Pages: 793-829
Online Access: Volltext (Resolving-System)
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Keywords:
Federal judiciary
Terrorism
terror prosecution
terror threat
USA PATRIOT Act
Description
Summary:Federal courts are key actors in the U.S. government’s fight against terrorism because they adjudicate cases based on the USA PATRIOT Act, and accordingly make national security policy. We examine the extent that the terror threat influences judicial decisions in a dataset of 111 USA PATRIOT Act cases decided in the U.S. District Courts from 2001 through 2013, while controlling for other judicial decision-making variables. The results demonstrate that when a case involves a heightened terror threat, federal judges are more likely to defer to the government. Some key control variables are also significant.
Item Description:Gesehen am 21.11.2023
Published online: 25 Jul 2015
ISSN:1556-1836
DOI:10.1080/09546553.2015.1049341