30 Nov 2004

Peter Friedman, Case Western Reserve University School of Law:"It should come as no great surprise that the Red Cross has reported that the U.S. used psychological and physical coercion "tantamount to torture" on Guantanamo Bay detainees and that doctors and other medical workers helped plan interrogations in "flagrant violation of [read more]

29 Nov 2004

Lawrence Solum, University of San Diego School of Law:"When I wrote these words, I was sitting in the chamber of the Supreme Court of the United States. The last time I was in this room, I was sitting on the bench in the chair usually occupied by Chief Justice Rehnquist—that's [read more]

28 Nov 2004

Ellen Podgor, Georgia State University College of Law:"This Tuesday the Supreme Court will hear oral argument in a case that is important to white collar crime law, as the case will determine whether the crime of conspiracy to commit money laundering under 18 U.S.C. 1956 requires an overt act. The [read more]

24 Nov 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"U.S. District Judge James Carr has denied a preliminary injunction and TRO, in a case seeking to compel Ohio election officials to complete a recount by the December 7 "safe harbor" date. His order can be found here on Rick Hasen's blog, [read more]

23 Nov 2004

Peter Henning, Wayne State University Law School:"Frank Quattrone, former star high tech investment banker at Credit Suisse First Boston (CSFB), was permanently barred from the securities industry and fined $30,000 by the NASD yesterday (Nov. 22).  Quattrone was convicted this past March of obstruction of justice in connection with an [read more]

23 Nov 2004

Larry Ribstein, University of Illinois College of Law:"This W$J overview of the Disney case puts the Eisner/Ovitz affair into perspective: a strong CEO rendered his board practically irrelevant. Left on his own, he fumbled badly.  Shareholders suffered.There are many interesting aspects of this case, including the limits of judicial supervision [read more]

22 Nov 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"Taking Yogi Berra's words to heart, Ohio voting rights advocates have announced their plan to proceed with a contest of the election. This is in addition to the recount planned by the Green and Libertarian candidates, now reportedly to be joined by [read more]

22 Nov 2004

Jim Maule, Villanova University School of Law:"Well, the Congress has itself in a fine mess of hot water this time around. Readers of this blog know that I'm no fan of how Congress does business nor of most of what it generates.According to reports proliferating throughout web and print press [read more]

22 Nov 2004

Jack Chin, University of Arizona College of Law:"Citing a poll indicating that 70% of Texans believe innocent people have been executed, a Texas representative proposed a moratorium on executions pending study of the DNA and capital punishment system; attending the press conference was Kirk Bloodsworth, the first death row inmate [read more]

21 Nov 2004

Rick Hasen, Loyola Law School Los Angeles:"The incumbent mayor, Dick Murphy, will be reelected unless one of the three lawsuits currently pending is successful, or unless there is a recount that will lead to a different result. News stories on the end of counting showing Murphy in the lead are [read more]

19 Nov 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"Last week's conspiracy theory was that the election had been stolen in Florida counties using optical scan voting equipment, a paper-based system that functions like standardized tests. This week's may turn out to be the precise opposite: that electronic voting caused Bush [read more]

19 Nov 2004

Doug Berman, Moritz College of Law, Ohio State University:"As regular readers know, I typically try to avoid blogging about high-profile criminal law cases (unless and until there is a Blakely issue). But now that the Scott Peterson case is past the guilt stage and moving to sentencing, I guess it [read more]

19 Nov 2004

Doug Berman, Moritz College of Law, Ohio State University:"It's perhaps a sober reminder of the realities of criminal justice that President Bush's ceremonial pardoning of turkeys received a lot more press than his actual pardoning of people.  (As an aside, I cannot help but wonder if Alberto Gonzales wrote clemency [read more]

18 Nov 2004

Ellen Podgor, Georgia State University College of Law:"As everyone awaits the post-Blakely decisions of Fanfan and Booker, the DOJ has decided to start its campaign to fight back with legislation, just in case the decision is not to their liking.  In today's Wall Street Journal, in an article titled, "Justice [read more]

17 Nov 2004

Stephen Bainbridge: UCLA Law School:"'House Republicans proposed changing their rules last night to allow members indicted by state grand juries to remain in a leadership post, a move that would benefit Majority Leader Tom DeLay (R-Tex.) in case he is charged by a Texas grand jury that has indicted three [read more]

17 Nov 2004

Larry Ribstein, University of Illinois College of Law:"The Disney trial on the hiring and firing of Ovitz continued yesterday with Eisner's direct testimony. As previewed here, Eisner will have to draw a fine line between justifying hiring Ovitz, and justifying firing him so soon after, without cause. Eisner's direct testimony [read more]

16 Nov 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"The A.P. has this story summarizing the problems that the states had in implementing provisional voting. It quotes my colleague Ned Foley as suggesting that Congress consider repealing HAVA's provisional voting requirement.My take: I agree that there were serious problems in the [read more]

16 Nov 2004

Peter Henning, Wayne State University School:"The Subcommittee on Financial Management, the Budget, and International Security of the Senate Governmental Affairs Committee will be holding a hearing today (Nov. 16) on the state of the insurance industry in light of the various investigations of industry practices that have been the subject [read more]

16 Nov 2004

Ian Solomon, Yale Law School:"Could we have been so naive? Thousands of the country's most credentialed lawyers flocked to Florida to guarantee a fair election. Did we inadvertently miss an election debacle even greater than that of 2000 and negligently allow our client to concede?I am a Kerry supporter and [read more]

15 Nov 2004

Mark Godsey, University of Cincinnati College of Law:"An article that appeared last year in the Atlantic Monthly about clemency memos written by Alberto R. Gonzales to George Bush while he was Governor of Texas is of renewed importance after Bush last week nominated Gonzales to take Ashcroft's post as AG.The [read more]

13 Nov 2004

Peter Henning, Wayne State University Law School:"New York Attorney General Elliot Spitzer dropped another shoe from his closet on an insurance company, although it was not Aon Corp., about which there was some speculation when Spitzer announced that another suit was coming on Friday morning (Nov. 12).  This time, the [read more]

13 Nov 2004

Jack Balkin, Yale Law School:"From Newsday:Departing Attorney General John Ashcroft on Friday lashed out at federal judges who have dealt setbacks to President George W. Bush's anti-terrorism and wartime policies, accusing them of "invasive oversight and micromanagement.""The danger I see here is that intrusive judicial oversight and second-guessing of presidential [read more]

12 Nov 2004

Peter Friedman, Case Western Reserve Law School:"Alberto Gonzalez, the nominee to be chief law enforcement officer of the land, prepared 57 confidential memos on the merits of granting death-row inmates clemency. 56 of the inmates were executed. As Philip Carter writes in Slate, the memos "would have barely earned a [read more]

12 Nov 2004

Joost Pauwelyn, Duke Law School [on Wednesday's WTO ruling condemning the US for outlawing online gambling]:"This is a true David against Goliath story. This dispute illustrates once more how deep WTO commitments penetrate the regulatory powers of its member countries.Under WTO rules, the U.S. agreed not to restrict the importation [read more]

11 Nov 2004

John Norton Moore, University of Virginia Law School:"As a matter of national honor we owe a special debt to our prisoners of war. Surely this country also should adhere to treaty obligations that are designed to deter torture of our POWs, including the obligation in the POW convention never to [read more]

11 Nov 2004

Jack Balkin, Yale Law School: "There are two reasons why Bush might have nominated Gonzales to be Attorney General. The first is that he is grooming him for a further appointment to the Supreme Court. The second is that he never plans to appoint him but wants to send a [read more]

10 Nov 2004

Erwin Chemerinsky, Duke Law School:"It is hard to imagine a more conservative or more repressive attorney general than John Ashcroft. The Ashcroft Justice Department took the unprecedented position that the government could hold human beings, including American citizens, forever as enemy combatants without judicial review. Ashcroft rescinded regulations limiting surveillance [read more]

10 Nov 2004

Stephen Bainbridge, UCLA School of Law:"Cruising around the blogosphere, one notes proposals that John Ashcroft be replaced by as Attorney General such legitimate luminaries as Randy Barnett or Fred Thompson. Sorry, guys. Blogospheric prognostication has proved fallible. Bush just went with the conventional wisdom pick: White House counsel Alberto Gonzales. [read more]

10 Nov 2004

Michael Froomkin, University of Miami School of Law:"[T]he White House may be thinking of White House counsel Alberto R. Gonzales as the next Attorney General.That would be the same Gonzales who is up to his eye teeth in not just the torture memos, but also the idea that the US [read more]

10 Nov 2004

Peter Henning, Wayne State University Law School:"On Tuesday, November 9, the jury in the Enron/Merrill Lynch trial concluded that the loss caused by the defendants' fraudulent misconduct was $13.7 million. A story in the Houston Chronicle (Nov. 10, 2004) reviews the jury's verdict. The government argued for a loss calculation [read more]

10 Nov 2004

Larry Ribstein, University of Illinois College of Law:"The SEC announced yesterday rulemaking initiatives aimed at so-called "self-regulatory organizations" such as stock exchanges. These include specific proposals to change the rules on ownership, governance, reporting and transparency by these organizations. The governance proposal would, consistent with many other SEC moves, require [read more]

10 Nov 2004

Jeff Cooper, Indiana University School of Law, Indianapolis:"According to John Ashcroft, "[t]he objective of securing the safety of Americans from crime and terror has been achieved,". Well, I feel better.Actually, I do feel better knowing that Ashcroft will shortly be leaving DOJ. There may not have been a terrorist attack [read more]

10 Nov 2004

Douglas Berman, Moritz College of Law, Ohio State University:"I suspect we will see stories in the days ahead about Ashcroft's legacy, and I suspect most of those stories will focus on the "war on terror."  However, from my sentencing-centric perspective, I think the Ashcroft Justice Department's perceived "war on judges" [read more]

Professional Commentary Archives

Latest Readers

@JURISTnews

Support JURIST

We rely on our readers to keep JURIST running

 Donate now!

© Copyright JURIST Legal News and Research Services, Inc., 2013.