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On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom
Daniel Kanstroom
While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to launch an investigation into past waterboarding. His equivocations have generated anguished controversy because they raise a fundamental question: should we balance “heinousness and cruelty” against information that we “might get”? Mr. Mukasey’s approach appears to be careful lawyering. However, it portends a radical and dangerous departure from a fundamental premise of human rights law: the inherent dignity of each person. Although there is some lack …
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
Sharpening The Cutting Edge Of International Human Rights Law: Unresolved Issues Of War Crimes Tribunals, Daniel Kanstroom
Sharpening The Cutting Edge Of International Human Rights Law: Unresolved Issues Of War Crimes Tribunals, Daniel Kanstroom
Daniel Kanstroom
International criminal tribunals have emerged as the most tangible and well-known mechanism for seeking justice in the wake of atrocious human rights violations. As the enterprise has developed, the need to ask fundamental questions is obvious, compelling, and essential. In March, 2006, the Boston College International and Comparative Law Re-view, together with The Center for Human Rights and International Justice at Boston College and the Owen M. Kupferschmid Holocaust/Human Rights Project convened a diverse and impressive group of speakers from academia, the judiciary, and legal practice to evaluate: the development of “common law” of the tribunals, the function and limits …
Peticiones De Asilo Basadas En Cuestiones De Sexualidad: Algunas Respuestas Y Muchas Preguntas, Daniel Kanstroom
Peticiones De Asilo Basadas En Cuestiones De Sexualidad: Algunas Respuestas Y Muchas Preguntas, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Daniel Kanstroom
No abstract provided.
"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom
"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Introduction, Daniel Kanstroom