29 Feb 2012

JURIST Guest Columnist Brandon Garrett of the University of Virginia School of Law says that enlarging DNA databanks with samples taken from all individuals arrested for felonies may increase the risk of wrongful convictions, while diverting attention away from more fruitful routes for improving the criminal justice system...In a decision [read more]

28 Feb 2012

JURIST Guest Columnist William G. Ross of Cumberland School of Law says that the National Popular Vote Interstate Compact is bound to cause tremendous amounts of litigation and to be challenged as unconstitutional or in violation of the Voting Rights Act of 1965...An under-publicized and constitutionally dubious movement to elect [read more]

27 Feb 2012

JURIST Columnist Haider Ala Hamoudi of the University of Pittsburgh School of Law says that the allegedly irregular criminal proceedings going on against Americans working for NGOs in Egypt and an Iraqi vice president appear ordinary to the members of the criminal justice systems of those countries...Two recent sets of [read more]

24 Feb 2012

JURIST Guest Columnist Robert Rodes of the University of Notre Dame Law School says that while some legal recognition of same-sex relationships has gained widespread support, creating same-sex marriage rights must be left to the democratic processes...Perry v. Brown is surely one of the most bizarre decisions that have emerged [read more]

24 Feb 2012

JURIST Guest Columnist Gregory Gordon of the University of North Dakota School of Law says atrocity justice localization may not work for countries, such as Cambodia, so thoroughly lacking in justice culture and infrastructure and that localization may ultimately contribute more to the culture of impunity than to the rule [read more]

24 Feb 2012

JURIST Guest Columnist Tung Yin of the Lewis & Clark Law School says the standard of review of Foreign Intelligence Surveillance Act warrant applications too heavily favors the government by creating an evidentiary burden nearly impossible for defendants to overcome...Earlier this month, in US v. Hammadi, a district judge in [read more]

24 Feb 2012

JURIST Guest Columnist Nancy Marder of Chicago-Kent College of Law says cameras should be kept out of the courtroom, because they are distracting and potentially disruptive, and there are plenty of other ways to keep citizens informed...Illinois, which has allowed cameras in its appellate courts and its supreme court since [read more]

23 Feb 2012

JURIST Columnist Charles Jalloh of the University of Pittsburgh School of Law says that the Special Court for Sierra Leone must set a date to release its ruling on the war crimes charges against former Liberian president Charles Taylor so that it can conclude its proceedings... The case against the [read more]

23 Feb 2012

JURIST Contributing Editor Amos Guiora of the University of Utah SJ Quinney College of Law says that in light of a recent UN report, and in the absence of clear international standards for humanitarian intervention, the US must intervene in Syria to ensure stability and consistency in the region and [read more]

23 Feb 2012

JURIST Guest Columnist John Quigley of the Ohio State University Moritz College of Law says that although the ICC may be reluctant to investigate the situation in Syria due to the difficult questions the Court would have to address, an investigation should nevertheless be mindful of the circumstances obtaining at [read more]

23 Feb 2012

JURIST Guest Columnist Brian Landsberg of the University of the Pacific, McGeorge School of Law says that the Ninth Circuit will likely uphold its 1997 ruling that Proposition 209, California's ban on affirmative action, is constitutional...Are public interest lawyers in California simply tilting at windmills in their suit to declare [read more]

20 Feb 2012

JURIST Contributing Editor David Crane of Syracuse University College of Law says that the ongoing posthumous prosecution of former lawyer Sergei Magnitsky is a violation of the rule of law and a mark of shame against the Russian judicial system...In 897 AD in what was called "the Cadaver Synod," Pope [read more]

20 Feb 2012

JURIST Guest Columnist Nadia Bernaz of Middlesex University Law Department says Iraq is not complying with its obligation to respect international law on the right to life, and the UN should, at a minimum, demand that Iraq limit its use of the death penalty to its own justification: fatal acts [read more]

17 Feb 2012

JURIST Guest Columnist Jimmy Gurulé of the University of Notre Dame Law School says that Congress may have chosen to protect national security interests over the rights of criminal defendants in allowing a lower standard of constitutional protections under FISA...Defendant Mohanad Shareef Hammadi, an Iraqi citizen who was granted refugee [read more]

16 Feb 2012

JURIST Guest Columnist Maureen Duffy of the University of Calgary Faculty of Law says that the use of "blacklists" as a tool for counter-terrorism efforts does not increase public safety, and instead may result in a form of legal punishment based on a subject's associations alone...Abousfian Abdelrazik's bizarre plight has [read more]

16 Feb 2012

JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that to understand the ongoing health care reform litigation, it is important to keep certain points in mind, and provides an in-depth preview to the issues to be argued, what they might mean and several resources [read more]

16 Feb 2012

JURIST Columnist Vikram Amar, writing the inaugural edition of the column authored by the faculty of the University of California, Davis School of Law, says that the Ninth Circuit could have ruled that the initiative proponents lacked standing to defend Proposition 8, which may have been a more judicially sound [read more]

14 Feb 2012

JURIST Guest Columnist Vivian Curran of the University of Pittsburgh School of Law says that the Armenian genocide law must be viewed in the context of French lois mémorielles, the complex history of France and EU law, noting that the French Constitutional Court will have to carefully balance dedication both [read more]

11 Feb 2012

JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that the newly enacted Hungarian Constitution has significant similarities to the Mexican Constitution of 1917, particularly in its provisions dealing with the recognition of religions and the resistance to these provisions...The year 2012 began with many auspicious legal, [read more]

11 Feb 2012

JURIST Guest Columnist Mary Ziegler of Saint Louis University School of Law says that the increasing popularity of state regulations requiring doctors to perform ostensibly informative procedures prior to an abortion represent a revision of Supreme Court precedent which may result in changes to First Amendment and abortion rights...JURIST has [read more]

10 Feb 2012

JURIST Guest Columnist Maurits Berger of Leiden University says the legal arguments in support of the burqa ban are feeble because their alleged rationale differs distinctively from the true aim: societal discomfort and the attempt to define national identity in European nations...The Dutch cabinet announced on January 27 that it [read more]

8 Feb 2012

JURIST Guest Columnist Gregory Gordon of the University of North Dakota School of Law says Léon Mugesera may be the last significant incitement decision arising from the Rwandan genocide, and it could be the ideal capstone opportunity for Rwandan incitement jurisprudence...Last month, after more than 15 years of immigration-related proceedings, [read more]

7 Feb 2012

JURIST Contributing Editor Chibli Mallat of the University of Utah SJ Quinney College of Law says that countries seeking to promote peace and democracy can invoke Article 9 of the 1961 Vienna Convention on Diplomatic Relations by declaring Syrian consular staff personae non gratae...The failure of the UN Security Council [read more]

3 Feb 2012

JURIST Contributing Editor Amos Guiora of the University of Utah SJ Quinney College of Law says that the lack of serious punishment for US troops involved in the 2005 killing of 24 innocent Iraqi civilians at Haditha requires immediate and constant training in international law and morality for US troops [read more]

1 Feb 2012

JURIST Guest Columnist Laurie Blank of Emory University School of Law says that the current US policy of justifying all targeted strikes with reference to both armed conflict and self-defense has a detrimental effect on both current implementation and future development of the law...US targeted strikes on al Qaeda and [read more]

1 Feb 2012

JURIST Guest Columnist D. Wes Rist of the University of Pittsburgh School of Law says that any attempt to extend the reach of the International Criminal Court into areas it was not created to address runs the risk of weakening its overall authority and the willingness of member states to [read more]

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