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Full-Text Articles in Law
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Articles
On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Articles
The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …