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The ICJ Kosovo Independence Opinion: Uncertain Precedent
July 23, 2010
JURIST Guest Columnist Curtis Doebbler, professor of law at An-Najah National University in Nablus, Palestine, says that while the recent opinion of the International Court of Justice on Kosovo's unilateral declaration of independence is likely to be an important point of reference for the representatives of other groups seeking self-determination, it is unlikely to be remembered as one of the Court's better attempts to articulate and clarify the law... On 22 July the International Court of Justice handed down a decision that is likely to have significant consequences for the unilateral declarations of independence for people seeking to form an independent State. The main legal finding of the Court is that the unilateral declaration of independence by the Kosovo Assembly....
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Left Wing Federalism Fells DoMA
July 21, 2010
JURIST Guest Columnist Bruce Miller of Western New England College School of Law says that the decision of a moderately liberal federal judge that the application of the Defense of Marriage Act in Massachusetts is unconstitutional on federalism grounds is unsurprising... On July 8, Judge Joseph Tauro of the U. S. District Court in Boston held the federal Defense of Marriage Act (DoMA), which defines marriage for purposes of federal law as the union of one man and one woman, to be beyond Congress' constitutional authority. If it stands, his ruling will make Massachusetts same sex couples eligible for many federal programs, including Medicare, Medicaid and veterans' benefits. In invalidating DoMA, Judge Tauro did no more than follow a constitutional....
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Previously in JURIST's Forum:
- No Isolated Act: The Murder of ICTR Defense Lawyer Mwaikusaof
Peter Erlinder, William Mitchell Coll. Law; Beth Lyons and John Philpot (ICTR ADAD); July 17, 2010
- Lessons of Jones v. Harris
William Birdthistle, Chicago-Kent School of Law; July 7, 2010
- Prosecute Defendants, Not Their Counsel
Bruce Eihorn, Pepperdine University School of Law; July 6, 2010
- Kagan's Confirmation: Conflicting Imagery
Keith Bybee, University of Syracuse College of Law; June 28, 2010
- Argentinian Jurisdiction and Spanish Amnesty
Olga Martin-Ortega, UEL; Rosa Ana Alija Fernandez, University of Barcelona; June 18, 2010
- The ICC Review Conference: The Forgotten Issues
Chandra Lekha Sriram, University of East London UK); June 17, 2010
- Israel, the Turkish Gaza Flotilla, and Claim of Piracy Under International Law
Itzchak Kornfeld, Hebrew University of Jerusalem Faculty of Law; June 14, 2010
- The Bagram Habeas Decision: Bad Law, Bad Policy
Amos Guiora, University of Utah College of Law; May 27, 2010
- The Greatest Threat to Africans' Rights
Curtis Doebbler, An-Najah National University (Nablus, Palestine); May 25, 2010
- Palestine and the International Criminal Court
Michael Kearney, University of York; Victor Kattan, University of London; May 21, 2010
- Elitism and the Supreme Court
Dave Sidhu, Harvard University; May 20, 2010
- The BP Blowout: Legal Claims and Questions
Itzchak Kornfeld, Hebrew University of Jerusalem; May 18, 2010
- The Case for Trying Terrorism Suspects in Federal Court
Victor Hanson and Lawrence Friedman, New England Law; May 10, 2010
- Public Interest Lawyering: 'Material Support' of Terrorism?
Shayana Kadidil, Center for Constitutional Rights; May 6, 2010
- Arizona's Immigration Law: Constitutional, But...
William G. Ross, Cumberland School of Law, Samford University; May 3, 2010
- Arizona Legalizes Racial Profiling
Marjorie Cohn, Thomas Jefferson School of Law; April 27, 2010
- Is Health Care Reform Constitutional?
Sallie Sanford, University of Washington School of Law; April 21, 2010
- Not Child's Play: Revisiting the Law of Child Soldiers
Lt. Col. Chris Jenks (USA); April 13, 2010
- The US-Israel Standoff over Settlements
Victor Kattan, University of London; April 7, 2010
- Prosecuting Terror Suspects in Federal Court: The Right Choice
Virginia Sloan, The Constitution Project; April 2, 2010
- Supervising Intelligence: A Checked and Balanced Approach to National Security
Victor Hansen and Lawrence Friedman, New England Law | Boston; March 22, 2010
- Sovereignty, Atrocities and Accountability
Laurie Blank, Emory Law; March 17, 2010
- Roberts' Response: Not Out of Line (Either)
William G. Ross, Cumberland Law School, Samford University; March 16, 2010
- A Better Course: More on the Court-martial Alternative to Military Commissions
Geoffrey Corn, South Texas College of Law; March 15, 2010
- Court-martial: A Third Option for Trying Al Qaeda and Taliban Detainees
Jordan Paust, University of Houston Law Center; March 12, 2010
- Keeping America in the Dark
Benjamin Davis, University of Toledo College of Law; March 10, 2010
- Panic Legislation: The Wrong Response
Amos Guiora, University of Utah of Law; March 8, 2010
- The Qom Enrichment Facility: Was Iran Legally Bound to Disclose?
Daniel Joyner, University of Alabama School of Law; March 5, 2010
- Defining Democracy in Iraq
Michael Kelly, Creighton University School of Law; March 4, 2010
- Japanese Whaling: When Diplomacy Fails, Call the ICJ
Don Rothwell, Australian National University College of Law; March 3, 2010
- Learning from Toyota's Troubles - Where's the Board?
Bruce Aronson, Creighton University School of Law; February 23, 2010
- SCOTUS Memo: Challenging the 'Material Support' Laws
Sharon Bradford Franklin and Karen Bloom, The Constitution Project; February 22, 2010
- The Yoo/Bybee Report: Let a Jury Decide
Benjamin Davis, University of Toledo College of Law; February 21, 2010
- Pakistan: New 'Judges' Case' in the Making?
Moeen Cheema, ANU College of Law (Aust.) and Shahzad Akbar, LHC (Pakistan); February 14, 2010
- Torture as Foreign Policy: The Omar Khadr Decision
Gail Davidson, Lawyers Rights Watch Canada; February 11, 2010
- A Solomonic Judgment on Elections in Iraq
Chibli Mallat, University of Utah College of Law/St. Joseph's University (Lebanon); February 8, 2010
- Constructive Criticism: Presidential Opposition to Supreme Court Rulings
William G. Ross, Cumberland Law School, Samford University; February 2, 2010
- Good News About GTMO and Bagram
Jeffrey Addicott, St. Mary's University; February 1, 2010
- Indefinite Detention: Campaign Promises Meet Political Realities
Victor Hansen and Lawrence Friedman, New England Law | Boston; January 28, 2010
- 'Ben Bernanke Should Be Reappointed Fed Chair: Discuss'
Victor Williams, Catholic University of America School of Law; January 27, 2010
- 'Liberal' Fundamentalism in Pakistan: Objecting to Islamic Arguments in NRO
Moeen Cheema, Australian National University College of Law; January 20, 2010
- Keeping Same-Sex Marriage in the Dark
Marjorie Cohn, Thomas Jefferson School of Law; January 15, 2010
- Back to the Future: The Pakistan Supreme Court's NRO Judgment
Moeen Cheema, Australian National University College of Law; January 14, 2010
- New Wars, New Rules? Not So Fast...
Laurie Blank, Emory Law; January 12, 2010
- For the Sake of Fair and Speedy Trials: A Confirmation Plea
Carl Tobias, University of Richmond School of Law; January 8, 2010
- Freedom from Religion: Learning from the Attack on Flight 253
Amos Guiora, University of Utah College of Law; January 6, 2010
Read more JURIST Forum op-eds from 2009; 2008; 2007; 2006; 2005; and 2004...
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