England and Wales Court of Appeal, September 3 2004. Read the full document . Excerpt: In my judgment, the employment tribunal erred in law, as it failed to adopt the approach to disparate adverse impact laid down in Seymour-Smith. It should have taken the statistics for the entire workforce, to which the unfair dismissal and [...]

Utah Supreme Court, issued September 3, 2004. Read the opinion. Excerpt: …Utah's bigamy statute does not attempt to target only religiously motivated bigamy. Any individual who violates the statute, whether for religious or secular reasons, is subject to prosecution. See, e.g., Geer, 765 P.2d at 3. Thus, Utah's prohibition on bigamy is not a prohibition [...]

International Criminal Tribunal for the Former Yugoslavia, issued September 2, 2004. Read the full decision by the Deputy Registrar. Excerpt: CONSIDERING the Trial Chamber's oral Order of 2 September 2004, by which "ursuant to the Chamber's decision to assign counsel, the Registrar is instructed to appoint counsel for the accused" and "should endeavour in the [...]

Institute of Race Relations , issued September 2, 2004. From the press release: The Institute of Race Relations publishes today a catalogue that details how hundreds of Muslims have been arrested under terrorism powers before being released without charge; how the special powers granted by parliament to tackle terrorism are being deployed in other spheres, [...]

JURIST Contibuting Editor Ali Khan of Washburn University School of Law says that a recent USDOJ plan to encourage two Muslims to provide funds to assassinate Pakistan's UN Ambassador shows disrespect for international law and may also violate laws against entrapment. Call it creative law enforcement. Call it the murder they wrote. A few days [...]

JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law in San Diego says that perhaps the most far-reaching impact of the upcoming November election is who will get to appoint the nation's judges – including its Supreme Court justices – beginning January 2005. George W. Bush, while trying to convince skeptical conservative activists [...]

JURIST Guest Columnist LTC John M. Bickers, a law professor at the US Military Academy at West Point, says that two recent decisions regarding the death penalty show that the Supreme Court seems to accept capital sentencing as a punishment, as long as they can set the boundaries for sentencing. In a pair of cases [...]

JURIST Guest Columnist and constitutional law scholar Thomas E. Baker of Florida International University College of Law says that the US Supreme Court's 2000 ruling in Bush v. Gore is a precedent that could be repeated after the presidential election this fall. Going into the presidential election with an uneasy feeling of deja vu reveals [...]

JURIST Guest Columnist and international law scholar Jordan Paust of the University of Houston Law Center says that recently-divulged White House and DOJ memos provide evidence of an illegal, unconstitutional and downright inept US plan to violate the Geneva Conventions on the protection of prisoners… If one focuses on the January 25, 2002 Memorandum for [...]

JURIST Guest Columnist Michael Kelly of Creighton University School of Law says the Bush Administration’s general disregard for international treaties and standards facilitated an atmosphere in which US personnel could flout the Geneva Conventions and abuse Iraqi prisoners… The Bush Administration has consistently signaled for three and a half years that international law does not [...]