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Legal News
16 Aug 2015
by Bradley McAllister

[JURIST] The US Department of Justice (DOJ) [official website] on Friday submitted a sealed document [The Guardian report] in opposition to the habeas corpus petition of Tariq Ba Odah, despite a 2009 government security review that cleared Ba Odah for transfer. In a public disclosure, the US government reported it … [read more]

Legal News
19 Jun 2015
by Colleen Mallick

[JURIST] The US Supreme Court [official website] on Thursday reinstated [opinion, PDF] the death sentence of a California man convicted of murder 25 years ago, despite evidence that seven of the prosecution’s peremptory challenges to jurors in the case were race-based. In a 5-4 decision, the majority held in Davis … [read more]

Academic Commentary
12 Jun 2015
by Victor Williams of Catholic University of America Columbus School of Law

JURIST Guest Columnist Victor Williams of Catholic University of America Columbus School of Law discusses the significance of the 800th anniversary of the Magna Carta... The Magna Carta sealed by King John on June 15, 1215 in Runnymede England is one of the world's most important legal documents. It has … [read more]

Legal News
31 Mar 2015
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] heard oral arguments [transcript, PDF] Monday over how to apply the court's 2002 decision Atkins v. Virginia [Oyez Project summary], which decided that capital punishment for mentally handicapped individuals was considered cruel and unusual punishment under the Eighth Amendment. In Brumfield v. Cain … [read more]

Legal News
28 Jan 2015
by Peter Snyder

[JURIST] The state of Georgia executed inmate Warren Lee Hill Tuesday despite arguments made by his attorneys that he was intellectually disabled. The US Supreme Court [official website] denied Hill's application for stay of execution, rejecting both his petition for habeas corpus and writ of certiorari [order lists, PDF]. Two … [read more]

Legal News
14 Jan 2015
by Julie Deisher-Edwards

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday that a habeas petitioner who receives a favorable ruling at the district court level does not have to take a cross-appeal or obtain a certificate of appealability to defend the judgment in his favor on appeal. In 1989 Robert … [read more]

Student Commentary
28 Dec 2014
by Clarence Leatherbury of Indiana University Robert H. McKinney School of Law

JURIST Guest Columnist Clarence Leatherbury from Indiana University Robert H. McKinney School of Law discusses the debate over torture techniques and our nations security... The American public was recently given information about the CIA's torture of suspected terrorists during the Bush Administration, stirring up the debate over whether the torture … [read more]

Legal News
22 Dec 2014
by Alexandra Farone

[JURIST] An Argentine court unanimously ruled that an orangutan is a "non-human person" with a legal right to freedom. Last November, Argentina's Association of Professional Lawyers for Animal Rights (AFADA) [advocacy website, in Spanish] filed a habeas corpus writ on behalf of Sandra, an orangutan held in a Buenos Aires … [read more]

Legal News
19 Nov 2014
by Addison Morris

[JURIST] A UK judge on Wednesday ruled that Yunus Rahmatullah [JURIST news archive], a Pakistani man held and detained for 10 years by UK and US forces in Afghanistan, could take legal action against the UK. The British Defense Ministry [official website] denied involvement with the case, arguing that the … [read more]

18 Oct 2014

All but one of the US presidents, beginning with George Washington, have issued orders which can be equated with the modern-day executive order. The sole exception was William Henry Harrison, who died in office after having held the presidency for less than a month. Before 20th century, executive orders were not … [read more]

Legal News
16 Oct 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments on Wednesday in two cases fraught with procedural issues. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [SCOTUSblog backgrounder; transcript, PDF] the court must decide whether to allow the US Court of Appeals for the Federal Circuit [official website] to … [read more]

31 Aug 2014

Six hundred and twenty-one detainees have been transferred from Guantanamo Bay since 2002. NPR and The New York Times have identified at least a dozen of the 621 whom have resumed terrorist activities. Of that dozen, two became leaders of al Qaeda in the Arabian Peninsula. The news outlets acquired … [read more]

31 Aug 2014

Cuba leased the southern portion of Guantanamo Bay to the US on February 23, 1903, as part of the Cuban-American Treaty that allowed the US military to construct a permanent naval base on the site. The base has been in regular use since its establishment, and is a source of … [read more]

Academic Commentary
14 Jun 2014
by Jonathan Hafetz of Seton Hall University School of Law

JURIST Guest Columnist Jonathan Hafetz of the Seton Hall University School of Law discusses some of the lessons offered by the Bergdahl exchange as they relate to US policy on Guantanamo ... The Obama administration has confirmed that it will continue to pursue its longstanding goal of closing the Guantanamo … [read more]

Academic Commentary
1 Jun 2014
by Lauren Lucas of Georgia State University College of Law

JURIST Guest Columnist Lauren Sudeall Lucas of Georgia State University College of Law discusses the constitutionality of the opposing arguments surrounding the death penalty ... Society's memory is short. So, it may be few are still lingering over the particulars of the botched execution that occurred in Oklahoma last month. … [read more]

Legal News
23 Apr 2014
by Kimberly Bennett

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in White v. Woodall [SCOTUSblog backgrounder] that because the Supreme Court of Kentucky's [official website] rejection of Robert Keith Woodall's Fifth Amendment [text] claim was not objectively unreasonable, the US Court of Appeals for the Sixth Circuit [official website] … [read more]

Legal News
24 Mar 2014
by Benjamin Minegar

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in a dispute concerning the proper procedures a criminal defendant must adhere to in a federal habeas corpus petition. On appeal from the US Court of Appeals for the Fifth Circuit [official website], the habeas petitioner … [read more]

Academic Commentary
24 Mar 2014
by Ramzi Kassem of CUNY School of Law

JURIST Guest Columnist Ramzi Kassem of the CUNY School of Law argues that a notice of warrantless wiretapping could lead to the reopening of criminal cases ...Late February brought some downright fascinating developments in the Agron Hasbajrami case. Hasbajrami had pleaded guilty in April 2012 before a federal judge in … [read more]

Professional Commentary
6 Mar 2014
by J. Wells Dixon of Center for Constitutional Rights

JURIST Guest Columnist J. Wells Dixon, Senior Staff Attorney for the Center for Constitutional Rights, says that the continued detentions at Guantánamo are arbitrary and unduly perpetual...In his recent State of the Union address, President Barack Obama declared that the US would complete its military mission in Afghanistan by the … [read more]

Academic Commentary
20 Feb 2014

JURIST Guest Columnist Ronald Sievert of the Bush School of Government at Texas A&M University and adjunct professor at the University of Texas School of Law in national security and international law argues that when weighed against the minimal privacy interests impacted, government metadata surveillance programs produce a net gain … [read more]

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