February 2008 - Posts

• Societe Generale: Keeping it French, in Spite of EU Law?

  Posted Monday, February 25, 2008 4:17 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Larry Eaker of the American University of Paris says that EU law on the free movement of capital may significantly complicate the efforts of the French government to keep Societe Generale in French hands in the wake of the recent Read More...

• Pulling Rank: Reinforcing an Independent JAG Corps

  Posted Sunday, February 24, 2008 12:01 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Victor Hansen of New England School of Law says that new legislation increasing the required rank of Judge Advocates General in the US military to three-star general or admiral will help assure the independence of the legal advice Read More...

• Kosovo as a Complex Case

  Posted Friday, February 22, 2008 10:13 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist John Cerone of New England University School of Law, formerly a Human Rights Legal Advisor with the UN Mission in Kosovo, says that given the legal and moral complexity of the Kosovo situation, recent suggestions that Kosovo's unilateral Read More...

• Arresting Pakistan's Musharraf

  Posted Thursday, February 21, 2008 2:55 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Contributing Editor Ali Khan of Washburn University School of Law says that Pakistan's newly-elected Parliament is authorized to pass an Emergency Bill to arrest Pervez Musharraf, charge him with treason, and prosecute him under Article 6(1) of Read More...

• The 'Rwanda Genocide' Cover-up

  Posted Tuesday, February 19, 2008 1:01 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Peter Erlinder of William Mitchell College of Law, lead defense counsel for former Major Aloys Ntabakuze in the Military 1 Trial at the International Criminal Tribunal for Rwanda (ICTR) and president of the UN-ICTR Defense Lawyers Read More...

• Kosovo as Precedent and Pretext: New Debates and Old Lessons

  Posted Monday, February 18, 2008 10:18 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Timothy Waters of Indiana University School of Law Bloomington says that Kosovo's declaration of independence represents a problematic precedent in international law that may ironically bring us back to self-determination as the Read More...

• Just Following Orders? DOJ Opinions and War Crimes Liability

  Posted Monday, February 18, 2008 8:50 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says that opinions of the US Department of Justice Office of Legal Counsel that are manifestly inconsistent with or violative of the laws of war provide no legal cover for any Read More...

• Kosovo Independence Will Succeed Despite Russian Legal Opposition

  Posted Sunday, February 17, 2008 6:11 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Contributing Editor Michael Kelly of Creighton University School of Law says that for historical and humanitarian reasons Kosovo's bid for self-determination will prevail over Russian legal objections despite the fact that the province's unilateral Read More...

• Injustice at Guantanamo: Torture Evidence and the Military Commissions Act

  Posted Friday, February 15, 2008 8:58 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law says that the rules of evidence governing the recently announced military commission trials of six alleged al Qaeda members, combined with the Bush administration's efforts to Read More...

• The Kurdish-Shi'i Alliance and New Legislation in Iraq

  Posted Wednesday, February 13, 2008 8:47 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Haider Ala Hamoudi of the University of Pittsburgh School of Law says that despite appearances, the Iraqi parliament's adoption of a budget and other key laws on provincial administration and amnesty emphasizes rather than diminishes Read More...

• Children as Terrorists: Wrong to Train, Wrong to Charge

  Posted Tuesday, February 12, 2008 10:51 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Contributing Editor David Crane of Syracuse University College of Law, former Chief Prosecutor for the UN Special Court for Sierra Leone and a signatory of the recent Paris Declaration on child soldiers, says that not only is it morally and legally Read More...

• Resist Torture or Acquiesce? A Question for Americans

  Posted Thursday, February 07, 2008 5:15 PM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that CIA chief Michael Hayden's recent admission to Congress that three "high value" terror detainees were waterboarded by US interrogators begs the question of whether Read More...

• The Pakistan Lawyers' Movement: A Lost Cause?

  Posted Wednesday, February 06, 2008 9:27 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Guest Columnist Shubhankar Dam of the Singapore Management University School of Law says that in pursuit of their goals of judicial restoration and political change Pakistan's lawyers may at this stage be well-advised to reconsider the wisdom of Read More...

• Law and Lawyers in the National Security Process

  Posted Friday, February 01, 2008 8:36 AM from JURIST - Forum Comment Here: (Comments Off) JURIST Contributing Editor Geoffrey S. Corn, Lt. Col. US Army (Ret.) and former Special Assistant to the Judge Advocate General for Law of War Matters, now a professor at South Texas College of Law, says that the pattern of executive branch decision making Read More...