1 E.g., Moeckli, Daniel The Selective “War on Terror”: Executive Detention of Foreign Nationals and the Principle of Non-discrimination, 31 Brook. J. Int’l L. 495 (2006).Google Scholar

2 Jackson, Sherman A. Islam(s) East and West: Pluralism Between No-Frills and Designer Fundamentalism, in September 11 in History: A Watershed Moment? 113 (Dudziak, Mary L. ed., 2003)Google Scholar (crediting ijma, the virtually unrealizable juridical requirement of unanimous consent of recognized jurists for identifying a legally binding universal, as having promoted free speech and pluralism in classical Islam, though at the cost of allowing for the expression of repugnant views).

3 Case Relating to Certain Aspects of the Laws on the Use of Languages in Education in Belgium, 6 Eur. Ct. H.R. (ser. A) (1968).

4 This line of cases began in 1938 with United States v. CaroleneProducts Co., 304 U.S. 144 (1938), followed six years later by Korematsu v. United States, 323 U.S. 214(1944), which specifically concerned racial discrimination.

5 In A v. Sec’y of State for the Home Dep’t, [2004] UKHL 56, the House of Lords held that the detention of foreign terror suspects, but not British citizens, without charge and trial violated Article 14 of the European Convention on Human Rights.

6 See United States v. Brignoni-Ponce, 422 U.S. 873 (1975); United States v. Martinez-Fuerte, 428 U.S. 543 (1976).

7 Mandla v. Lee, [1983] 2 A.C. 548 (H.L.).

8 See generally Jackson, Sherman Domestic Terrorism in the Islamic Legal Tradition, 91 Muslim World 293 (2001).CrossRefGoogle Scholar

9 See generally Jackson, Sherman Jihad and the Modern World, 7 J. Islamic L. & Culture 1 (2002).Google Scholar