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February 2007 - Posts
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I recently returned from Guantánamo Bay, Cuba, and was among the first lawyers to visit the newly opened Camp 6 and observe the way in which it is being operated. Read More...
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We recently noted the passing of a legal pioneer, the Honorable Jane Bolin, who died in January, at age 98. As the nation observes Black History Month,
it seems particularly appropriate to reflect on her inspiring legacy in the legal profession. Read More...
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Governor Martin O'Malley and the Maryland Legislature should promptly and thoroughly review the death penalty and the lethal-injection procedures to decide whether change is warranted. Read More...
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For years, the government has been trying to control attorneys acting on behalf of terrorism suspects and, if it cannot control them, then to punish them. I speak from experience. Read More...
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The prosecution of three Duke University lacrosse players for the rape of a young woman at a party has exposed to a national audience an unbridled abuse of prosecutorial power. Read More...
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House democrats topped off their 100-hour agenda by passing an energy bill by a 264-163 vote. H.R. 6 will neither reduce dependency on foreign oil nor decrease gasoline prices for the American consumer. Read More...
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Many critical infrastructure owners and operators-such as power plants and communications providers-continue to enhance security voluntarily without a defensible homeland security standard of care. At the same time, the prospect of liability for failing to take reasonable measures to thwart terrorism has increased. Read More...
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Many thousands of Americans with terminal illnesses hope the 110th Congress supports their "right to life" by expanding federal funding for embryonic stem cell research. Read More...
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Despite the political rifts ripping through our nation, most reasonable people hold two fundamental beliefs about our criminal justice system: The guilty should be held accountable, and the innocent should not be punished. Read More...
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While explicit DOJ demands for waiver and nonadvancement of fees are now circumscribed by the McNulty policy, the underlying problem has not been eliminated. Moreover, it would be a mistake to conclude that the new policy eliminates all concerns about the way DOJ deals with corporations under criminal investigation. Read More...
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As sports fans around the globe became transfixed last summer by the World Cup, a U.K. libel case featuring Ashley Cole, a top British footballer, captured the attention of many of the world's media lawyers. Read More...
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The U.S. Supreme Court's 2005 decision in the eminent domain case 'Kelo v. City of New London' generated a backlash on both sides of the political spectrum. Both sides were correct. The defenders of this decision insisted that abusive condemnations are an aberration in an otherwise sound planning process. They, it turns out, were wrong. Read More...
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On election night, seven more states passed constitutional amendments defining marriage as the union of husband and wife. The emergence of gay marriage as a dominating issue is perhaps most important as a symptom of a more general change in our legal and social understanding of marriage. Read More...
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The execution of Saddam Hussein is historic in its somberness, being the first time in history that a former head of state has been charged with crimes against humanity, tried, convicted and executed. Read More...
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"Subtle Sexism in Everyday Life" was the topic of a particularly revealing program at the January meeting of the Association of American Law Schools (AALS). "Sexism" is a term not often encountered in such polite company. Read More...
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Few of us are familiar with Steve Berman of Seattle-based Hagens Berman Sobol Shapiro. But litigation initiated by Bermans firm in federal court in Massachusetts may play a greater role in establishing drug prices than any law the new Congress may ultimately enact. Read More...
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The intemperate remarks by Charles D. Cully Stimson, deputy assistant secretary of defense for detainee affairs, in an interview on Jan. 11 have drawn justifiable criticism and outrage from practicing lawyers, law professors, bar association officials and editorial boards. Read More...
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If Freddie Mac or Fannie Mae were to go belly-up, the American taxpayer would be on the hook for the hundreds of billions of dollars of Fannie and Freddie securities that are currently outstanding. The chairman of the Federal Reserve has the power to prevent this crisis. Let's hope he does. Read More...
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The odds are good that New Jersey will make history by becoming the first jurisdiction to repeal the death penalty in the modern era of capital punishment. Read More...
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Filed in the wake of 'Hamdan,' a provision of the Military Commissions Act prohibits judges from granting writs of habeas corpus to aliens like Hamdan. Although the provision is almost certainly unconstitutional, on remand, Hamdan's petition was wrongly dismissed. Read More...
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In 'War by Other Means: An Insider's Account of the War on Terror,' John Yoo takes on most of the weighty constitutional issues raised by the "War on Terrorism," including the Patriot Act, assassination of terrorist leaders, the Geneva Conventions and military tribunals. Read More...
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