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Teaching The Torture Memos: 'Making Decisions Under Conditions Of Uncertainty', Clare Coleman Jul 2012

Teaching The Torture Memos: 'Making Decisions Under Conditions Of Uncertainty', Clare Coleman

Clare Keefe Coleman

In the wake of the ethical lapses of lawyers evident in the 2009 financial collapse and the release of a government memo permitting the CIA to waterboard suspected terrorists, public commentators and legal theorists have joined legal education scholars to call for law schools to teach moral judgment making.

Questions of how morality should be taught are as old as Aristotle and, today, occupy thinkers from neuroscientists to legal scholars. The current discussions about teaching moral judgment to law students fall into three categories: the model of David Luban, among others, which advocates teaching judgment in the clinical context using …


In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg Dec 2011

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …