The Military Commissions Act and “Torture Lite”
In his remarks, Mr. Bellinger claims that the system set up by the Military Commissions Act of 2006 is “not that different” from the well-established court martial system. One of the most significant...
View ArticleJudicial Review, Combatant Status Determinations, and the Possible...
John Bellinger raises an important question with respect to the ongoing detention policy debate: “Do we have it legally wrong, and if so, how should we do it differently, in a way that would work...
View ArticleDetainee Policy and the Rule of Law: A Response
I am not surprised that Mr. Bellinger encounters resistance abroad when he attempts to defend the Administration’s detainee policy. Although it’s unfair to expect from informal remarks the clarity and...
View ArticleThe Legacy of Justice Aharon Barak
“Here in the penal colony I have been appointed as judge” I.* Former Chief Justice Aharon Barak is definitely the most outstanding judge in Israel’s history. No other judge has left as many significant...
View ArticleReligious Liberty in British Courts
Introduction* For centuries, religious liberty in Britain existed as a broad-ranging but principally negative freedom at common law. Individuals were permitted to do as they pleased in matters of...
View ArticleBetween Religious Freedom and Equality
Introduction* The tension between religious freedom and non-discrimination principles is becoming increasingly acute. International human rights treaties usually affirm the importance of both equality...
View ArticleSacred Space and the City
Introduction* Our cities exude a cacophony of sounds. Every day, city dwellers must brave the drone of traffic, the wail of sirens, and the clamor of construction, not to mention pub closing time...
View ArticleThe Rise of Constitutional Theocracy
I. What is Constitutional Theocracy?* Over the past few decades, principles of theocratic governance have gained enormous public support across the world. The Khomeini-led revolution in Iran is perhaps...
View ArticleNeutrality, Proselytism, and Religious Minorities at the European Court of...
I. THE CRIMINALIZATION OF PROSELYTISM* The existence of every new, non-mainstream, or minority religious group depends on the ability to make its doctrines known and to proselytize new members. Only by...
View ArticleEntangled
INTRODUCTION* Citizenship is yet again central to contestations about the relations between state and religion. Arguments over the public recognition of cultural difference and especially the degree...
View ArticleElections and the Probability of Violence in Sudan
Introduction* Elections are often considered a panacea for conflict-ridden countries. International donors, eager to spread the wings of democracy, frequently assist post-conflict countries only if the...
View ArticleIdentitarian Violence and Identitarian Politics
Introduction* Over the past few years, I have observed numerous commentators, pundits, and self-appointed experts of nearly every political stripe describe their views on whether or not the U.S. was...
View ArticleFree and Fair Elections, Violence and Conflict
Introduction* Elections are a defining characteristic of democracy, and thus form an integral part of the democratization process. Over the past decade, electoral systems and processes have become a...
View ArticleClik here to view.
Old and New Governance Approaches to Conflict Minerals
I. Introduction This article explores the role of new governance structures that have been utilized to address supply chain–related labor and human rights abuses. More specifically, it...
View ArticleClik here to view.
Challenges in Lawyering
Introduction U.S. corporations, especially those in the mining and oil and gas industries, face many challenges in operating in difficult locations around the world. With the imperative to go where...
View ArticleClik here to view.
Corporate Accountability in Conflict Zones: How Kiobel Undermines the...
I. Introduction On September 17, 2010, a two-judge majority of the Second Circuit held in Kiobel v. Royal Dutch Petroleum Co. that “corporate liability is not a discernable—much less...
View ArticleClik here to view.
Revising Egypt’s Constitution
The transition under way in Egypt is constitutional. Work on the higher law bespeaks the Nile Revolution at its noblest: its nonviolent character. A constitutional transition after the ousting of the...
View ArticleClik here to view.
Public Corruption and the Egyptian Revolution of January 25
The January 25 Revolution, as Egyptians call it, is the fourth Egyptian revolution in the last 130 years. The modern Egyptian national movement has consistently sought three goals: self-government in...
View ArticleClik here to view.
After the Last Judgment
The ancient Egyptian Goddess Maat, who represented truth and justice, carried with her the Feather of Truth. In the last judgment, the feather was used to weigh the hearts of the deceased. If their...
View ArticleClik here to view.
The Language of the Age
I. Introduction One of the most memorable images of the Egyptian Revolution is that of hundreds of people lined up for Islamic prayer in Tahrir Square in Cairo, in Alexandria, and in all of the...
View Article
