Law Library

 New ABA book looks at current laws, government threat responses 

The complex and controversial framework of military, diplomatic, law enforcement and intelligence counterterrorism activities is the focus of a new book published by the American Bar Association Section of Administrative Law and Regulatory Practice.

“The Fundamentals of Counterterrorism Law” is an informative guide for those who are curious about the intersection of the law and the offensive measures taken to prevent, deter, pre-empt and respond to decentralized threats of terrorism around the globe.
The book includes 17 chapters written by 26 different authors, including former New York City Police Commissioner Raymond W. Kelly, former CIA counsel W. George Jameson, Michael Meese, chief operating officer at the American Armed Forces Mutual Aid Association, and Mark Martins, brigadier general in the U.S. Army’s JAG Corps and chief prosecutor of military commissions, including the trial of Khalid Sheik Mohammed.

“The Fundamentals of Counterterrorism Law” analyzes major topics in counterterrorism, including:

• The threat to cities and the role of law enforcement.

• Why a national security court in a place such as Guantanamo Bay, Cuba, is a bad idea — and why a dedicated national security bar is a better idea.

• Ongoing issues surrounding the Guantanamo Bay detention facility.

• The challenges of applying the law of armed conflict to contemporary terrorist organizations.

• Legal and policy tests of the “corporatization of warfare” with military, security and intelligence contractors.
• The unsettled legal questions surrounding drones, the “imminent threat” interpretation and the future use of unmanned aerial vehicle technology in state, federal and global contexts.

• Methods used to counter terrorist financing.

• What’s next in counterterrorism in order to balance national security and civil liberties interests.

 “The Fundamentals of Counterterrorism Law” is a follow-up to the 2011 ABA publication, “The Law of Counterterrorism,” also edited by Lynne Zusman.

New ABA book addresses some neglected aspects of franchising

In addition to counseling their clients on franchising basics, franchise lawyers may also need to provide guidance on a variety related legal issues in other areas, such as social media, real estate and advertising. Published by the American Bar Association Forum on Franchising, “Collateral Issues in Franchising: Beyond Registration and Disclosure” guides lawyers through the full range of franchising legal aspects, including Internet communications, marketing and supply chain issues.
In this book, editor Kenneth R. Costello assembles an unprecedented group of experienced franchise lawyers who analyze important legal issues that they confront daily with franchisors. They offer advice on concepts beyond registration and disclosure and delve into topics that are often overlooked by franchisees and their attorneys.

“Collateral Issues in Franchising: Beyond Registration and Disclosure” will help readers:

• Understand the implications and challenges of the Internet.

• Value the advantages and disadvantages of the franchise sales process.

• Consider the realities of franchising in unique venues.

• Examine third-party financing.

• Understand the pros and cons of business structures.

• Avoid real estate conflicts.

• Learn about franchisee marketing.

• Understand domestic and international supply chain concerns.

• Analyze key points in franchise agreement assignment provisions.

• Monitor ongoing franchisor challenges.

Costello is a partner at Bryan Cave LLP in Los Angeles. The international law firm, with 1,000 lawyers and 26 offices globally, was ranked by U.S. News & World Report as Tier 1 nationally in franchising. Costello is certified as a specialist in franchise and distribution law by the State Bar of California’s Board of Legal Specialization. He focuses his practice on a broad range of U.S. and international franchise, intellectual property licensing and e-commerce issues, and he is a frequent author and speaker on these topics.


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