31 Jan 2005

Julian Ku, Hofstra University School of Law:"This Reuters story suggests that a district court judge has held the Guantanamo Bay military tribunals unconstitutional. As usual, Reuters (and other news agencies) are overstating the scope of the decision. Rather, it is more accurate to say that the district court judge has [read more]

29 Jan 2005

Douglas Berman [Moritz College of Law, Ohio State University]:"The legal wrangling over the pending execution of serial killer (and death penalty "volunteer" Michael Ross is continuing in Connecticut. Howard Bashman at How Appealing has a lot of the newspaper coverage and other materials linked here and here, and the blog [read more]

28 Jan 2005

Vincent Rougeau [Notre Dame Law School]:"The 60th anniversary of the liberation of Auschwitz and the recent controversies surrounding the confirmation of Alberto Gonzales made me think once again of Hannah Arendt's powerful words.  The Associated Press reported yesterday that Muslim prisoners at Guantanamo Bay have been subjected to interrogation practices [read more]

28 Jan 2005

Julian Ku, Hofstra University School of Law:"Strangely enough, the war on terrorism is providing a slight boost for plaintiffs lawyers specializing in tort suits alleging violations of international law. This week, the UK released four men who had previously been detained at Guantanamo Bay. Lawyers for the detainees are threatening [read more]

28 Jan 2005

Peter Henning, Wayne State University Law School:"Discussed in the Wed. Jan.26th post is the prosecution opening in the case of Tyco executives Dennis Kozlowski and Mark Swartz. Yesterday, the defense responded and it sounds like mens rea, and whether the defendants had the appropriate intent, will be prominent in this [read more]

27 Jan 2005

Douglas Berman [Moritz College of Law, Ohio State University]:"With the exception of a powerful opinion column in the Atlanta Journal-Constitution (discussed here), I have not seen much examination of racial disparities in all the debate over possible responses to Blakely and Booker.  Of course, much of the history of sentencing [read more]

27 Jan 2005

Ellen S. Podgor, Georgia State University College of Law:"According to the Wall Street Journal, the first two witnesses testified in the trial of Bernie Ebbers, former CEO of WorldCom Inc. These two witnesses provided background information, something that is necessary when dealing with a complicated case that has charges of [read more]

26 Jan 2005

Peter Henning, Wayne State University Law School:"With the opening statements in the trials of Bernie Ebbers and Richard Scrushy out of the way -- on the same day no less -- the question arises whether either one will testify in his defense.  Reports on the opening arguments gave no indication [read more]

24 Jan 2005

Michael Froomkin, University of Miami School of Law:"I am very reluctantly coming to believe that there's about a 50% chance that a senior administration official will face a war crime trial either for ordering or condoning torture, or for the excessive bombing and civilian casualties in Iraq. I think it's [read more]

21 Jan 2005

Anthony D'Amato, Northwestern University School of Law:"Although I have been very critical of the President, I write to report how thrilled I was to hear his second-term acceptance speech. He may not have written it, but he ratified it and spoke it and that's good enough for me. "We are [read more]

21 Jan 2005

Jack Balkin, Yale Law School:"I liked Bush's second inaugural address, which argued for the cause of freedom around the world, very much. I also liked his first inaugural address, which sounded very moderate, spoke of justice, tolerance, and aid to the poor, and pledged to work together with everyone. However, [read more]

17 Jan 2005

Richard Posner, University of Chicago Law School:"There is a movement afoot, assisted by the strengthening of Republican control over Congress, to impose federal limits on tort litigation, particularly medical malpractice; premiums for malpractice insurance have soared in the last two years and physicians are protesting vigorously.The costs of malpractice premiums [read more]

14 Jan 2005

Daniel Tokaji, Moritz College of Law, Ohio State University:"While some advocates are looking to Congress to fix some of the problems that emerged in the 2004 election, this report from electionline.org suggests that they may have better luck in the states. House and Senate staffers suggest that Congress isn't in [read more]

12 Jan 2005

Douglas Berman [Moritz College of Law, Ohio State University]:"I am trying to come up with a simple take on Booker, and here it is: five Justices (the Apprendi/Blakely five) say the federal sentencing guidelines can no longer operate as mandatory sentencing rules (which is clearly how they were designed and [read more]

12 Jan 2005

Peter Henning, Wayne State University Law School:"At the risk of speaking without thoroughly reviewing all the opinions (wading through Justice Scalia's attack, which includes a reference to "Wonderland"; will have to wait), a couple initial impressions (with quotes).  For a more detailed (and learned) assessment of the decision, check out [read more]

11 Jan 2005

Eric Muller, University of North Carolina School of Law: "A source (my mom) just called to tell me that my old boss Mike Chertoff is going to be the new head of Homeland Security. This does not surprise me, and I think him a strong choice. Chertoff is a straight [read more]

11 Jan 2005

Ellen Podgor, Georgia State University College of Law:"Although the Supreme Court did not issue an opinion in the much awaited sentencing cases of Booker and Fanfan, it did rule in Whitfield v. United States. The Court held that a conspiracy to commit money laundering premised upon 18 U.S.C. 1956(h) does [read more]

6 Jan 2005

Jack Balkin, Yale Law School:"The hearings on the nomination of Alberto Gonzales to be Attorney General of the United States have begun. Will no one in Congress say what should be obvious? That Gonzales has brought shame on our country by trying to devise legal strategies and arguments to circumvent [read more]

6 Jan 2005

Kenneth Anderson, Washington College of Law, American University:"I have caught just bits and pieces of the Gonzales confirmation hearings for Attorney General today. In general, he does not seem to have faced especially bitter attack - on the contrary, I thought the Democrats appeared to be pulling their punches, at [read more]

6 Jan 2005

Peter Tillers, Cardozo Law School:"Dear Senator Brownback: The department that the U.S. Attorney General heads is called the 'Department of Justice,' and not the 'Department of Security.'...Senator Brownback said that the first priority of the Attorney General is protection of the security of the United States. The Attorney General is [read more]

6 Jan 2005

Anthony D'Amato, Northwestern University Law School:"Although the N.Y. Times and Washington Post have been admirably accurate in reporting the standard legal issues, they have overlooked the single most telling point in the debate about Gonzales, perhaps because of its subtlety.We start by observing that whenever the Department of Justice gives [read more]

6 Jan 2005

Kenneth Anderson, Washington College of Law American University:"One thing that is missing in the whole torture-interrogation debate is the question of who you are interrogating. Can you use a different level of interrogation on Zarqawi, for example - knowing it is Zarqawi - than you could on someone who might [read more]

2 Jan 2005

Michael Froomkin, University of Miami School of Law:"The US holds maybe hundreds of non-citizens, all captured abroad (we are told), incarcerated in Guantanamo and in other secret prisons around the world. The Bush administration plans to hold them up to forever.Of course, there is a difference between the Soviet Gulag, [read more]

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