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Articles 1 - 10 of 10
Full-Text Articles in Law
Civil Liberties Lost, Waterboarding And The Legacy Of The Bybee-Yoo 'Torture-Power' Memorandum: Reflections From An Erstwhile Bush Administration Apologist, M. Katherine B. Darmer
Civil Liberties Lost, Waterboarding And The Legacy Of The Bybee-Yoo 'Torture-Power' Memorandum: Reflections From An Erstwhile Bush Administration Apologist, M. Katherine B. Darmer
M. Katherine B. Darmer
This symposium piece argues that waterboarding is torture and that torture is wrong. It reflects on the enduring legacy of the August 1, 2002 memo defining torture narrowly, which this paper describes as the Bybee and Yoo Torture and Power Memorandum [or 'BYTAP'].
Returning To A Principled Basis For Data Protection, Gus Hosein
Returning To A Principled Basis For Data Protection, Gus Hosein
Chicago-Kent Law Review
Society must remain conscious of both pragmatic and principle-based rationales for information security rules. The identity card debate in the United Kingdom provides an example of exactly why a governmental information security approach that is sensitive to civil liberties would be the best approach to data protection. In contrast, we should be cautious of a balancing test that places security in parity with civil liberties and, therefore, erroneously allows pragmatism to triumph over principle.
The Perilous Dialogue, Laura K. Donohue
The Perilous Dialogue, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in America differs from what it means in …
The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain
The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain
Law Faculty Publications
Conventional wisdom is that outside the Eighth Amendment, the Supreme Court does not engage in the sort of explicitly majoritarian state nose-counting for which the "evolving standards of decency" doctrine is famous. Yet this impression is simply inaccurate. Across a stunning variety of civil liberties contexts, the Court routinely-and explicitly--determines constitutional protection based on whether a majority of states agree with it. This Article examines the Supreme Court's reliance on the majority position of the states to identify and apply constitutional norms, and then turns to the qualifications, explanations, and implications of state polling as a larger doctrinal phenomenon. While …
Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder
Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder
Faculty Journal Articles & Other Writings
In light of the "detainee cases," this article uses Korematsu v. U.S. as a case study in how things can go grievously wrong when the government overreacts to the threat of terrorism and individual rights disappear.
Coming To Illinois May Mean Loss Of Rights To Decide Under Guardianship, James T. Struck
Coming To Illinois May Mean Loss Of Rights To Decide Under Guardianship, James T. Struck
James T Struck
About 500,000 people die in U.S. nursing homes each year some related to second hand smoke. One Illinois nursing home has staff blow smoke in my face, drive a truck near me, throw parental belongings into the garbage, deny dental and religious services. The nursing home administrator said "you are going to be dead" for expressing concerns with shaking hands, saying I would contact the US attorney about slavery like treatment of disabled persons, requesting that my mother get fresh air from second hand smoke. I have been litigating for over 31 months to visit, phone, take home, take parent …
Coming To Illinois May Mean Loss Of Rights To Decide Under Guardianship, James T. Struck
Coming To Illinois May Mean Loss Of Rights To Decide Under Guardianship, James T. Struck
James T Struck
About 500,000 people die in U.S. nursing homes each year some related to second hand smoke. One Illinois nursing home has staff blow smoke in my face, drive a truck near me, throw parental belongings into the garbage, deny dental and religious services. The nursing home administrator said "you are going to be dead" for expressing concerns with shaking hands, saying I would contact the US attorney about slavery like treatment of disabled persons, requesting that my mother get fresh air from second hand smoke. I have been litigating for over 31 months to visit, phone, take home, take parent …
How Earl Warren Previewed Today’S Civil Liberties Debate—And Got It Right In The End, Sandhya Ramadas
How Earl Warren Previewed Today’S Civil Liberties Debate—And Got It Right In The End, Sandhya Ramadas
Sandhya Ramadas
Earl Warren is revered for his tenure as Chief Justice of the U.S. Supreme Court and for his legacy as the icon of American civil liberties, but a dark moment lurked in his past. In late 1941 and early 1942, as the Attorney General of California, Warren confronted a host of difficult questions involving constitutional law, civil liberties, and race relations. With the United States still reeling from the bombing of Pearl Harbor, and with the dawn of the involvement of American combat troops in World War II, Warren advocated for the relocation and internment of both Japanese Americans and …
Dean’S Message, Lawrence Raful
Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail
Georgetown Law Faculty Publications and Other Works
In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …