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Academic Commentary
4 Nov 2015
by Daniel Crane of University of Michigan School of Law
edited by Elizabeth Dennis

JURIST guest columnist Daniel Crane of the University of Michigan School of Law discusses the rulings surrounding NCAA athlete amateurism... On September 30, 2015, a divided panel of the US Court of Appeals for the Ninth Circuit weighed in on the growing controversy regarding the National Collegiate Athletic Association's … [read more]

Legal News
11 Sep 2013
by Elizabeth LaForgia

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Tuesday denied [opinion, PDF] a motion to dismiss a lawsuit accusing Google [corporate website] of violating a federal wiretap law while collecting data for its Street View program. The case arose after Google acknowledged that its Street … [read more]

Legal News
16 Apr 2013
by Daniel Mullen

[JURIST] US authorities have engaged in the torture of detainees, and the nation's "highest officials" bear some of the responsibility, according to a report [text, PDF] released on Tuesday by the Constitution Project [advocacy website], a bi-partisan legal advocacy and watchdog group. The Task Force on Detainee Treatment [advocacy website] … [read more]

Academic Commentary
4 Mar 2013

JURIST Contributing Editor Amos Guiora of the University of Utah SJ Quinney College of Law says that the US executive branch's practice of using drones to engage in the targeted killing of suspected terrorists should be subjected to some form of judicial review...Targeted killing sits at the intersection of law, … [read more]

Academic Commentary
1 Oct 2012

JURIST Contributing Editor Marjorie Cohn of the Thomas Jefferson School of Law argues that the US government's refusal to prosecute those responsible for torture is a hypocritical policy that violates both domestic and international law...During the Bush administration, untold numbers of men were subjected to torture and cruel treatment. Pursuant … [read more]

Academic Commentary
11 Sep 2011

JURIST Contributing Editor Benjamin Davis of the University of Toledo College of Law says that despite the plethora of legal and cultural changes that have occurred in the US since September 11, 2001, international law remains the same as it was a decade ago, and that the changes which have … [read more]

Academic Commentary
8 Jul 2011

JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law says that all instances of torture must be investigated as violations of US and international law and a failure to do so will allow impunity for those who authorized these actions... President Barack Obama declared "nobody's above the law" … [read more]

Academic Commentary
21 Apr 2011

JURIST Guest Columnist Benjamin G. Davis, an Associate Professor of Law at University of Toledo College of Law, says that the recent response by the US to the Spanish torture case outlines the Obama Administration's approach to torture... Recently, the US response to the Spanish prosecutor in the Spanish torture … [read more]

Academic Commentary
10 Apr 2011

JURIST Guest Columnist Keith J. Bybee of Syracuse University says that a mix of political preference and impartial principle may not only be present in our judiciary, but also may be expected by the public.... Although the lawsuits over health care reform will not reach the Supreme Court for many … [read more]

Legal News
28 Jan 2011
by John Paul Putney

[JURIST] Spanish judge Eloy Velasco on Friday set a March 1 deadline for the US government to indicate whether Guantanamo abuse allegations will be investigated by US lawyers before deciding whether to allow a controversial lawsuit against former Bush administration officials to move forward. The lawsuit, originally filed in 2009 … [read more]

Legal News
14 Dec 2010
by Jaclyn Belczyk

[JURIST] The Center for Constitutional Rights (CCR) and the European Center for Constitutional and Human Rights (ECCHR) [advocacy websites] filed a joint expert opinion [text, PDF] Tuesday urging a Spanish court to open an investigation into six former Bush administration officials for their roles in the torture [JURIST news archive] … [read more]

Legal News
12 Nov 2010
by Drew Singer

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Thursday published an open letter [text, PDF] to US Attorney General Eric Holder [official profile, JURIST news archive], urging him to investigate former president George W. Bush [JURIST news archive] for violation of the federal statute prohibiting torture [text]. In … [read more]

Academic Commentary
18 Oct 2010

JURIST Guest Columnist Keith J. Bybee of Syracuse University says in order for both state and federal judges to retain legitimacy, it is not enough for them to merely avoid actual improprieties; they must also visibly appear to play the role of impartial arbiter to sustain public support... Judges around … [read more]

Legal News
18 Aug 2010
by Sarah Miley

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Tuesday struck down a federal law [opinion, PDF] criminalizing the act of falsely claiming to have received a medal from the US military. Xavier Alvarez was convicted under the Stolen Valor Act [text] in 2007 after he … [read more]

Legal News
16 Jul 2010
by Hillary Stemple

[JURIST] Former head of the Office of Legal Counsel (OLC) [official website] and federal judge Jay Bybee [official profile] denied approving a number of interrogation techniques used by the CIA, according to testimony [transcript materials] released Thursday by the US House Judiciary Committee [official website]. Bybee was questioned by the … [read more]

Academic Commentary
28 Jun 2010

JURIST Guest Columnist Keith Bybee of Syracuse University says that regardless of other issues that may arise, the confirmation hearings of Elena Kagan, like those of other recent Supreme Court nominees, will be dominated by the tension between images of judicial impartiality and political ideology... As soon as President Obama … [read more]

Legal News
12 Apr 2010
by Ann Riley

[JURIST] US President Barack Obama’s nominee to head the Justice Department's Office of Legal Counsel (OLC) [official website] withdrew her candidacy on Friday. Dawn Johnsen [professional profile], nominated [JURIST report] as the OLC's Assistant Attorney General in January 2009, has faced over a year of objection from Republicans for her … [read more]

Legal News
27 Feb 2010
by Bhargav Katikaneni

[JURIST] US Senate Judiciary Committee [official website] committee chairman Patrick Leahy (D-VT) [official profile] said at a hearing Friday that he was prepared to subpoena [Harper's report] the Department of Justice (DOJ) [official website] if it did not turn over missing e-mail records of former Bush administration lawyers John Yoo … [read more]

Legal News
25 Feb 2010
by Haley Wojdowski

[JURIST] The US Central Intelligence Agency [official website] (CIA) [official website] briefed lawmakers [press release] between 2001 and 2007 on the specifics of enhanced interrogation techniques, according to declassified documents [text, PDF] made public by Judicial Watch [advocacy website] on Tuesday. The documents, obtained by Judicial Watch pursuant to a … [read more]

Academic Commentary
21 Feb 2010

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that the guilt or innocence of "enhanced interrogation" memo writers John Yoo and Jay Bybee should be determined in state or federal court by a jury of their peers, rather than under the forgiving gaze of … [read more]

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