Baroness Helena Kennedy of the Shaws, KC, is one of the UK’s most established lawyers, a bencher at Gray’s Inn and a member of the House of Lords. Kennedy is also a broadcaster, journalist and lecturer. She has not only acted in many of the most prominent cases of the last decade but has promoted civil [...]
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South Korea court upholds law criminalizing same-sex relations in military service
The Constitutional Court of South Korea upheld a law for the fourth time on Thursday that criminalizes same-sex relations in the military. The court, which is one of the highest in South Korea, claimed that same-sex activities might undermine discipline and harm the combat capabilities of the military. According to Article 92-6 of the Military [...]
Natural Law and the United States Constitution: Still Vital Connections
Abstract: Ideas of Natural Law were crucial in drafting the US Constitution. These seminal ideas were made known to document “framers” largely by way of William Blackstone’s Commentaries on the Laws of England. The Commentaries represent the truest philosophic origins of America’s legal system. In these dissembling times of recurrent political manipulation, Blackstone’s work warrants [...]
After Afghanistan: Taliban Power, Palestinian Terrorism and Islamist Sacrifice
“History is an illustrious war against death.” – José Ortega y Gasset, Man and Crisis (1958) Afghanistan and “Palestine”: Newly Emerging Linkages At first glance, there are no obvious connections between the Taliban victory over the United States in Afghanistan and Palestinian terrorism against Israel. Upon closer inspection, however, the recent Taliban triumph reflects more [...]
“There exists a deep-seated conviction among Americans that the Constitution is an expression of the Higher Law, that it is, in fact, imperfect man’s most perfect rendering of eternal law.” – Presidential scholar Clinton Rossiter Introduction: Following recent Trump-inspired attacks on the United States Capitol, a second impeachment of the President is now under active [...]
Presidential Crimes and Pardons: Donald J. Trump and America's "Higher Law"
“The safety of the people shall be the highest law.” – Cicero, On the Laws Abstract: From the beginning of his sordid presidency, Donald J. Trump has shown willful indifference to the security and justice of the United States, including unwillingness to find relevant fault with Russia’s Vladimir Putin, to separate himself from baseless conspiracy [...]
Prosecutor challenges Guantanamo ban on women guards touching inmates
A prosecutor on Thursday argued that a military court order barring female guards at Guantanamo Bay from touching an alleged al Qaeda commander violates Pentagon sex discrimination guidelines. At Thursday's hearing on the ban, Prosecutor Army Lieutenant...
The first major legislative push to repeal DADT during the Obama administration was advanced by the US House of Representatives and Senate Armed Services Committee in May 2010. The repeal was included as an amendment to the Military Readiness Enhancement...
Due to the controversial nature of DADT, it was the subject of numerous legal challenges during its lifespan. The US Court of Appeals for the First Circuit has dismissed two lawsuits challenging DADT, one brought by the Servicemembers Legal Defense...
Like Clinton, Barack Obama advocated for an end to DADT during his presidential campaign, calling for the end of the policy in an open letter in 2008. Obama also pledged to end the policy in October 2009 when he spoke...