22 Mar 2010

JURIST Guest Columnists Victor Hansen and Lawrence Friedman of New England Law | Boston say that Congress's effort to gain greater oversight of certain intelligence actions through the Intelligence Authorization Acts for Fiscal Year 2010 is a clear example of a bipartisan effort to exercise the constitutional responsibilities that it [read more]

17 Mar 2010

JURIST Guest Columnist Laurie Blank of Emory Law's International Humanitarian Law Clinic says while legal debates about sovereign immunity most often center on principles of comity versus principles of victim access to justice, courts ruling on this issue should not forget about broader policy considerations and national security.... Remarkably, the [read more]

16 Mar 2010

JURIST Guest Columnist William G. Ross of Cumberland School of Law, Samford University, says recent comments by Chief Justice Roberts responding to President Obama's criticism of the Supreme Court's Citizen's United ruling were not disrespectful toward the institutions of Congress or the presidency or toward any particular person.... Chief Justice [read more]

15 Mar 2010

JURIST Contributing Editor Geoffrey S. Corn, Lt. Col. US Army (Ret.), a former Special Assistant to the Judge Advocate General for Law of War Matters and currently a professor at South Texas College of Law, says that no matter how much the military commission system for trying detainees is modified, [read more]

12 Mar 2010

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says regularly constituted military courts-martial could be a plausible third option for federal prosecution of members of al Qaeda and the Taliban outside of federal district courts or US military commissions.....Where should we be trying members of al [read more]

10 Mar 2010

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says a recent effort by a conservative advocacy website to besmirsch the reputations of current DOJ lawyers who previously represented detainees should not distract the US government from criminally prosecuting DOJ lawyers from the past administration who [read more]

8 Mar 2010

JURIST Guest Columnist Amos Guiora of the University of Utah College of Law says that the McCain-Lieberman military detention bill recently introduced in the Senate is yet another unfortunate instance of US national security legislation being driven by panic instead of principle..... The "Enemy Belligerent Interrogation, Detention and Prosecution Act [read more]

5 Mar 2010

JURIST Guest Columnist Daniel Joyner of the University of Alabama School of Law says that, reflective of the central tension between nonproliferation and peaceful use, Iran has not clearly violated any legal obligations incumbent upon it in the timing of its disclosure of the existence of an intended uranium enrichment [read more]

4 Mar 2010

JURIST Contributing Editor Michael Kelly of Creighton University School of Law says that while democracy in Iraq may look one way in second Iraqi general election on Sunday, it may evolve to look very different when the next election cycle rolls around and the American troops are gone... American Ambassador [read more]

3 Mar 2010

JURIST Guest Columnist Don Rothwell of Australian National University College of Law says that in the context of unpromising diplomatic negotiations between Japan and Australia with regard to Japanese whaling in the Southern Ocean area, the Australian government will likely be left with no choice but to file suit against [read more]

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