Law Commons^™

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Question & Answer Session , Claudio Grossman, Malcolm Evans

Claudio M. Grossman

No abstract provided.

Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell

Claudio M. Grossman

No abstract provided.

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 …

Essay: A Decade After Abu Ghraib: Lessons In "Softening Up" The Enemy And Sex-Based Humiliation, Johanna Bond

Johanna Bond

A DECADE AFTER ABU GHRAIB: LESSONS IN “SOFTENING UP” THE ENEMY AND SEX-BASED HUMILIATION Johanna Bond* A decade after Abu Ghraib, there remains a dearth of analysis exploring the role that women played as perpetrators of violence and the socio-cultural factors that supported the abuse. This essay fills that gap in the legal literature. Although women were among the perpetrators of sexual abuse and men among its victims, the abuse played upon and reinforced gender-subordinating stereotypes that serve to regulate male and female behavior, enforce heterosexuality, and privilege whiteness. The sexual abuse became a process whereby the enemy was “feminized,” …

Power, Pragmatism And Prisoner Abuse: Amnesty And Accountability In The United States, Louise Mallinder

Louise Mallinder

America’s commitment to human rights and the rule of law has long been an integral part of the nation’s self-image as an idealistic and inspirational society. It has been substantiated in the United States’ promotion of the rule of law around the world. However, as has been extensively scrutinized in recent years, the lackluster pursuit of accountability for the widespread abuses committed by American personnel during the so-called “War on Terror” illustrates a disjuncture within domestic and international discourse between the dual perceptions of the United States as a law-abiding nation, and America as a law-breaking state. This article seeks …

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 …