Timothy Sandefur : "Thirty years ago, in Abood v. Detroit Board of Education, the Supreme Court held that the Constitution is not offended by state laws that take money directly from workers' paychecks to subsidize...
Search Results for: political question
Challenges for Chaudhry: The Way Ahead for Pakistan's Reinstated Chief Justice
JURIST Contributing Editor Ali Khan of Washburn University School of Law says that while newly-reinstated Pakistani Chief Justice Iftikhar Chaudhry must continue to hold his country's Establishment accountable for breaches of the constitutional rights and freedoms of Pakistani citizens, he...
Obama Administration's detention authority must incorporate law of non-international armed conflict
Gabor Rona : "Last Friday, the Obama administration for the first time articulated in court its vision of authority to detain persons who are now being held at Guantanamo. The government's brief in the In...
Negusie asylum case shows danger of broad application of persecutor bar
Angela Wu : "The Supreme Court recently overturned Board of Immigration Appeals and Fifth Circuit rulings in Negusie v. Holder and found that victims of persecution who are forced...
Obama's stem cell policy is welcome change, but ethics are permanent feature of debate
Jesse Reynolds : "President Obama's recent removal of his predecessor's stem cell policy is a welcome development. The Bush administration's restriction on the federal funding of human embryonic stem cell research was outdated and...
Guantanamo ex-detainee claims memos show UK involved in alleged torture
Former Guantanamo Bay detainee Binyam Mohamed claimed in Sunday media reports that documents sent from MI5 to the CIA show that the British intelligence agency was involved...
ICC arrest warrant for Sudan's Al Bashir has both humanitarian and strategic consequences
J. Peter Pham : "The decision of Pre-Trial Chamber I of the International Criminal Court (ICC) this week to issue a warrant of arrest for Sudan's President...
The Supreme Court and Al-Marri: No Virtue Now in Judicial Passivity
JURIST Guest Columnist Bruce Miller of Western New England College School of Law says that despite the Obama administration's intent to criminally charge Ali Al-Marri in a US court, his challenge to his detention as an "enemy combatant" continues to...
Supreme Court limits standing of environmentalists to challenge regulations
The US Supreme Court decided two cases Tuesday. In Summers v. Earth Island Institute the Court ruled 5-4 that a group of environmentalists cannot sue to have...
UK Parliament should clarify law on traveling abroad for assisted suicide of family member
Jo Cartwright : "We are pleased that Debbie Purdy's appeal has gone some way to clarify the law for her. The Appeals Court was able to go further than the High Court did in...