Features

on December 2, 2009 at 10:06 am

NSJ Analysis: Simon Surveys Potential Israeli Strike on Iran

Writing for the Council on Foreign Relation’s Center for Preventive Action, Steven Simon sets out to “assesses the likelihood of an Israeli strike against Iran despite U.S. objections, the implications for the United States should it take place, the policy options available to reduce the chances of its occurrence, and the measures that could be taken to mitigate the potentially […]

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on December 2, 2009 at 10:05 am

Predator Strikes Raise Novel Moral, Legal Issues

By Mat Trachok, NSJ Staff Editor – In a recent article in The New Yorker, Jane Mayer considers the legal and moral implications of the Central Intelligence Agency’s covert drone program in the Federally Administered Tribal Areas (FATA) of Pakistan.  Under the Bush Administration, the CIA began using unmanned drone aircraft, most often Predators and more recently Reapers, to conduct […]

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on December 1, 2009 at 9:35 am

Second Circuit Rules Victim of Extraordinary Rendition May Not Sue American Officials

By Jonathan Abrams, NSJ Staff Editor, HLS 2012 The Second Circuit ruled on November 2nd that Maher Arar, a Canadian citizen who claimed he was a victim of “extraordinary rendition,” may not sue American officials for damages because Congress has not authorized such suits. Mr. Arar was detained at Kennedy International Airport on September 26, 2002 on suspicion of ties […]

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on December 1, 2009 at 9:35 am

Compassion for Veterans’ Combat Stress Finds its Way to the Supreme Court

In this unsigned opinion released yesterday, the Supreme Court appeared to recognize that the toll of combat stress on America’s war veterans could be a mitigating factor in sentencing decisions.  The case, Porter v. McCollum, 08-10537, involves the conviction of a Korean War veteran, George Porter Jr., for the murder of his former girlfriend and her boyfriend in 1986.  The […]

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on December 1, 2009 at 9:35 am

Ninth Circuit to Rehear State Secrets Case

By Jonathan Abrams, NSJ Staff Editor, HLS 2012 On October 27th, the Ninth Circuit granted en banc review to an important case involving the “state secrets” privilege. The case, Mohamed v. Jeppesen Dataplan Inc., 579 F.3d 943 (9th Cir. 2009), involves a lawsuit brought by five foreign nationals who claim they were part of the CIA’s “extraordinary rendition program.”  The […]

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on November 28, 2009 at 8:58 am

Bail for Convicted Terrorist’s Lawyer Revoked; Sentence Remanded as “strikingly low”

By NSJ Staff Writer On November 17th, the Court of Appeals for the Second Circuit affirmed, but remanded for re-sentencing, the conviction of Lynne Stewart for activities arising out of her representation of Omar Abdel-Rahman, the “Blind Sheikh.”

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on November 22, 2009 at 7:01 pm

Debating the Use of Civilian Courts to Try Suspected Terrorists

By Mat Trachok, HLS 2012 Staff Writer There has been considerable debate over the Obama Administration’s decision to try Khalid Shaikh Mohammed (KSM) in a Manhattan federal court.  NSJ provides a brief overview of the recent opinion pieces on the topic.

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on November 17, 2009 at 8:58 pm

Holder to Appear Before Senate Judiciary Committee After Decision Sparks Controversy

By NSJ Staff Writer Tomorrow, November 18, Attorney General Eric Holder will appear before the Senate Judiciary Committee, likely facing questions regarding and criticism of his decision to abandon military tribunals for five 9/11 terrorists in favor of using the civilian criminal justice system. A debate reemerged after Holder’s announcement last Friday that five detainees currently housed at Guantanamo, including […]

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on November 12, 2009 at 12:50 pm

NSJ Analysis: House Judiciary Committee Passes PATRIOT Act Reauthorization

By NSJ Staff Writer The House Judiciary Committee recently voted to reauthorize certain expiring provisions of the PATRIOT Act as part of the USA PATRIOT Amendments Act of 2009.  The bill, H.R. 3845, sponsored by Rep. John Conyers, proposes privacy protections that in many respects go beyond those included in the bill that recently passed through the Senate Judiciary Committee. […]

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on November 10, 2009 at 12:12 am

Dershowitz Seeks to Distinguish Crimes in ICTY Appeal

By John Thorlin, HLS 2012 NSJ Staff Writer On October 29, 2009, Harvard Law School Prof. Alan Dershowitz appeared before the International Criminal Tribunal for the former Yugoslavia (ICTY) to appeal the conviction of Johan Tarculovski.  Tarculovski was charged with individual criminal responsibility (Art. 7 §1 ICTY Statute), as well as superior hierarchical responsibility (Art. 7 § 3 ICTY Statute), […]

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