JURIST Guest Columnist Michael Kelly of Creighton University School of Law says the Bush Administration's general disregard for international treaties and standards facilitated an atmosphere in which US personnel could flout the Geneva Conventions and abuse Iraqi prisoners... The Bush...
JURIST Guest Columnist and international law scholar Jordan Paust of the University of Houston Law Center says that legal responsibility for the Abu Ghraib prison abuses extends beyond the few soldiers currently subject to investigation and prosecution... There has been...
The Court's authority — possessed of neither the purse nor the sword — ultimately rests on sustained public confidence in its moral sanction. Such feeling must be nourished by the Court's complete detachment, in fact and appearance, from political entanglements...
In past elections, so-called "faithless electors" cast innocuously eccentric votes that provided a quaint reminder of one of the archaic curiosities of the presidential selection process. After providing a rare element of surprise in the otherwise perfunctory Electoral College ritual,...
The most complicated bit of governmental machinery which the modern world has to exhibit is that which is employed in the selection of the chief executive officer...for the United States...It is almost marvelous that any people should have preserved political...
The dispute over the election has developed into a constitutional crisis. With George W. Bush claiming victory and Al Gore refusing to concede, the election's outcome now seems destined to depend on judicial determination of complex and perhaps novel constitutional...
The U.S. Supreme Court's intervention in the disputed presidential election was virtually inevitable, despite wishful predictions by Democrats that the Court would not meddle with state election law. As countless commentators have pointed out, the electoral impasse provides yet another...
It should be obvious to everyone by now that no one ever will know which presidential candidate actually won more popular votes, either in Florida or nationwide. The Florida recount process can never yield an accurate result, for efforts to...