29 Sep 2006

JURIST Guest Columnist Robert Albritton of the University of Mississippi says the recent overthrow of Thailand's elected government by unconstitutional means reflects a disconcerting failure of mass democracy in the country in the face of opposition from critical elites... For forms of government let fools contest; that which is best [read more]

28 Sep 2006

JURIST Contributing Editor David Crane of Syracuse University College of Law says that the experience of hurricanes Katrina and Rita highlights the need for a new national corps of trained citizen responders under the direction of an independent and revitalized - and perhaps even renamed - FEMA... As Americans we [read more]

27 Sep 2006

JURIST Guest Columnist Carl Tobias of the University of Richmond School of Law says although leading Republican senators are to be praised for advancing legislation to protect detainees and give them a fair trial before military commissions, there are still so many open questions about the fundamental issues involved and [read more]

27 Sep 2006

JURIST Guest Columnist Jules Lobel, a lawyer for Maher Arar and a professor at the University of Pittsburgh School of Law, says that the US government and federal courts should follow the lead of a recently-completed Canadian inquiry by acknowledging the injustice done to Arar in deporting him from the [read more]

27 Sep 2006

JURIST Contributing Editor Nancy Rapoport of the University of Houston Law Center says that the recent spate of guilty verdicts and stiff sentences handed out for corporate fraud committed by the erstwhile leaders of Enron, WorldCom, Tyco, Adelphia and other companies suggests that executives need to take personal responsibility for [read more]

26 Sep 2006

JURIST Guest Columnist Alison Nathan of Fordham University School of Law says that the provision in the military commissions bill stripping the federal courts of habeas jurisdiction over detainees threatens a fundamental element of our constitutional heritage ... Following a claim that former deputy-director of State Richard Armitage told Pakistani [read more]

25 Sep 2006

JURIST Guest Columnist David Scheffer, former US Ambassador at Large for War Crimes Issues (1997-2001), now at Northwestern University School of Law, says that the new "compromise" language on detainee treatment included in the latest version of the military commissions bill strips whole categories of common Article 3 Geneva Convention [read more]

25 Sep 2006

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that the overall theme of the "compromise" military commissions bill seems to be the highly-problematic creation of a unique legal regime for a specific group of human beings intentionally cut off from all other domestic and [read more]

22 Sep 2006

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says that the "compromise" between senior Republican lawmakers and the White House on the terms of military commission legislation governing detainee interrogation and trial provides US interrogators with inadequate guidance and leaves them - and their would-be protectors [read more]

21 Sep 2006

JURIST Special Guest Columnist Jonathan Hafetz, Associate Counsel with the Brennan Center for Justice at New York University School of Law, says that the Bush administration's post-9/11 detainee policies - most recently evidenced in the proposed military commissions bill that would severely limit the habeas corpus power of the federal [read more]

19 Sep 2006

JURIST Contributing Editor Geoffrey S. Corn, Lt. Col. US Army (Ret.) and former Special Assistant to the Judge Advocate General for Law of War Matters, now a professor at South Texas College of Law, says that the recently published Army Field Manual outlining permissible interrogation techniques reflects the extraordinary measures [read more]

18 Sep 2006

JURIST Guest Columnist Douglas Branson of the University of Pittsburgh School of Law says that recent problems at Hewlett-Packard related to board leaks and their investigation could have been avoided with a little thought and the application of basic corporate governance principles... In Jim Collins's award winning book about rock [read more]

14 Sep 2006

JURIST Guest Columnist John Bickers of Chase College of Law, Northern Kentucky University, says that for all the attention being paid to the procedures proposed for new US military commissions, how those procedures are used - who is to be tried, and when - is a far more vital issue... [read more]

12 Sep 2006

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says that minimum due process guarantees under customary international law must not be denied when Congress attempts to articulate forms of procedure for new US military commissions...When considering legislation for military commissions, members of Congress should be careful [read more]

11 Sep 2006

JURIST Guest Columnist Susan Herman of Brooklyn Law School says that the lingering fog of the 9/11 attacks has clouded our perceptions, blurred our legal categories, and perhaps also compromised our judgment... For a month after September 11, 2001, I walked out of my house in Brooklyn and smelled the [read more]

11 Sep 2006

JURIST Contributing Editor Mary Ellen O'Connell of Notre Dame Law School says that five years after 9/11 - five years that have witnessed Guantanamo Bay, Iraq, Abu Ghraib and CIA "black sites" - there are hopeful signs that America is returning to the rule of law that a handful of [read more]

8 Sep 2006

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that President Bush's acknowledgement that high-level terror detainees have been held in secret CIA prisons should be the beginning of a cleansing process in which leaders of the American executive, legislature, and judicial branches of government [read more]

8 Sep 2006

JURIST Guest Columnist Leonard Baynes of the St. John's University School of Law says that to remedy racially-stereotyped reporting of events such as the 2005 Katrina disaster, the Federal Communications Commission should implement policies to increase the number of minorities who own and are employed by broadcast stations... During Hurricane [read more]

5 Sep 2006

JURIST Special Guest Columnist Justice Arthur Chaskalson, President of the International Commission of Jurists and former Chief Justice of South Africa, says that although the threat of terrorism is real, five years after the September 11 attacks on the United States it's not at all clear that the legal response [read more]

5 Sep 2006

JURIST Guest Columnists Lawrence Friedman and Victor Hansen of New England School of Law say that Congress needs to step in to counter the Bush administration's apparent efforts to limit the ability of uniformed military lawyers to advise on future military commissions while it favors the input of its own [read more]

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