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Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh
Should Lawyers Participate In Rigged Systems: The Case Of The Military Commissions, Mary M. Cheh
GW Law Faculty Publications & Other Works
Lawyers often represent clients when the odds are long or a catastrophe likely. The facts might be harmful, the evidence overwhelming, or the law clearly on the side of the opponent. Still, we do the best we can. But what if the system is rigged? What if the system has the trappings of a fair fight, but is, in fact, skewed to one side and, by design, the lawyer cannot fully defend the client? What if the lawyer can only lend legitimacy to a process that at its core is biased, slanted in favor of the other side, or fundamentally …
Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove
Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove
GW Law Faculty Publications & Other Works
During times of crisis, our leaders have made profound sacrifices in the name of security, ones that we later realized need not have been made. Examples include the Palmer Raids, the McCarthy Era anti-Communist movement, and the Japanese-American Internment. After September 11th, this tragic history repeated itself. The Bush Administration has curtailed civil liberties in many ways, including detaining people indefinitely without hearings or counsel. These events give Herman Melville's "Billy Budd" renewed relevance to our times. "Billy Budd" is a moving depiction of a profound sacrifice made in the name of security. This essay diverges from conventional readings that …