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April 2007 - Posts
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As a country, we are failing our mentally ill citizens, and that is a public policy issue that warrants attention. But when the state seeks to execute a person who is plainly insane, that is a constitutional issue.
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To apply American law to tribes is to start down the path (again) of eliminating the legal, political and cultural distinctiveness of Indian communities. Tribes have been fighting a political battle since treaty times to avoid the loss of their cultures.
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The proposal to abolish a provision of the Employee Retirement Income Security Act of 1974, known to health care mavens as ERISA pre-emption, hamstrings the states from adopting their own health care innovations.
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The DoD's latest shenanigan, the Manual for Military Commissions, aims to hamstring Guantánamo defense lawyers with an untenable, classic "Catch-22" situation abide by the military's rules and represent your client, or abide by the legal profession's disciplinary rules and be reassigned or quit.
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The dispute over whether Karl Rove and Harriet Miers will testify publicly before Congress isn't about executive privilege it's about immunity from testimony.
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Where are American lawyers and why are they not speaking up in support of the independence of the legal profession and the rule of law in Pakistan? The silence of the bar is troubling.
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