JURIST - Forum

Teaching Morality: Haditha and the Future of the US Military

Zach Gordon — 2012-02-03T17:00:00-05:00

JURIST Contributing Editor Amos Guiora of the University of Utah SJ Quinney College of Law says that the lack of serious punishment for US troops involved in the 2005 killing of 24 innocent Iraqi civilians at Haditha requires immediate and constant training in international law and morality for US troops to preserve the integrity American foreign policy...

Blurring the Legal Lines on Targeted Strikes

Jonathan Cohen — 2012-02-01T18:00:00-05:00

JURIST Guest Columnist Laurie Blank of Emory University School of Law says that the current US policy of justifying all targeted strikes with reference to both armed conflict and self-defense has a detrimental effect on both current implementation and future development of the law...

Headaches at The Hague: The Trial of Saif al-Islam Gaddafi

Jonathan Cohen — 2012-02-01T16:00:00-05:00

JURIST Guest Columnist D. Wes Rist of the University of Pittsburgh School of Law says that any attempt to extend the reach of the International Criminal Court into areas it was not created to address runs the risk of weakening its overall authority and the willingness of member states to comply with its orders...

Indigenous Recognition in the Australian Constitution

Caleb Pittman — 2012-01-30T08:00:00-05:00

JURIST Guest Columnist Anne Twomey of the University of Sydney Law School says that there are considerable challenges to passing the proposed changes to the Australian Constitution, in large part because they raise the question of how much control over the legislative process ought to be granted to Australia's High Court...

Redefining Roe: Informed Consent and the Abortion Debate

Caleb Pittman — 2012-01-24T15:00:00-05:00

JURIST Guest Columnist Mary Ziegler of Saint Louis University School of Law says that a recent decision by Fifth Circuit gives broad support for laws requiring physicians to provide certain information to patients requesting an abortion, and that this represents a shift in the debate over abortion rights from discussions of a "right to life" toward a "right to know"...

Finding Kuwait's Missing National Archives

Ben Klaber — 2012-01-23T08:00:00-05:00

JURIST Guest Columnist Douglas Cox of the City University of New York School of Law says that the Kuwaiti national archives, which were taken by Iraqi forces in 1990, have still not been returned and keep the post-Saddam Iraq under a UN Security Council resolution aimed at having the documents returned...

Campaign Finance After Two Years of Citizens United

Caleb Pittman — 2012-01-21T13:00:00-05:00

JURIST Guest Columnist Josh Douglas of the University of Kentucky College of Law says that the Supreme Court's opinion in Citizens United v. FEC has created a doctrine that prevents states from justifying campaign finance laws on anticorruption grounds and forces them to justify them on the grounds of transparency concerns alone, which heavily limits the types of campaign finance laws that will be deemed constitutional...

UK Human Rights Litigation After the Iraq War

Caleb Pittman — 2012-01-17T08:00:00-05:00

JURIST Guest Columnist David Feldman of the University of Cambridge Faculty of Law says that there is a growing trend in the UK to hold government actors responsible for violations of international law in the national courts, which should result in more transparent and open government policies...

A Date With Justice: Mugesera's Inevitable Deportation from Canada

Dwyer Arce — 2012-01-16T15:00:00-05:00

JURIST Columnist Charles Jalloh of the University of Pittsburgh School of Law says that Léon Mugesera, who allegedly incited genocide in Rwanda and subsequently obtained asylum in Canada, must finally be deported to Rwanda to face trial for his role in the 1994 genocide...

Defining the Parental Rights of Same-Sex Spouses

Caleb Pittman — 2012-01-14T13:00:00-05:00

JURIST Guest Columnist Mary Ziegler of Saint Louis University School of Law says that while a recent Iowa court decision may be a victory for the rights of same-sex parents, the arguments made in the public debate surrounding the case demonstrate a break from the goals of the early gay rights movement and could be used to justify discrimination against other forms of non-traditional families...