THE SUPREME COURT’S DECISION IN BOUMEDIENE V. BUSH: THE MILITARY COMMISSIONS ACT OF 2006 AND HABEAS CORPUS JURISDICTION

The writ of habeas corpus is perhaps the most fundamental guarantee of liberty in a democracy. The United States’ federal habeas corpus statute was first enacted as part of the Judiciary Act of 1789. As Justice Stevens has noted, habeas corpus is “however, ‘a writ antecedent to statute . . . throwing its root deep… continue reading

THE MILITARY COMMISSIONS ACT OF 2006: AN ABJECT ABDICATION BY CONGRESS

My thesis is that the Military Commissions Act represents a total failure of Congress to pay attention to some basic propositions of international treaty and customary law and a failure to exercise its powers under the Constitution. The Congress that passed the legislation was led by Republicans, but I have not seen the Democrats rushing… continue reading

“HOSTILE ENVIRONMENT” CHARGES AND THE ABA/AALS ACCREDITATION/MEMBERSHIP IMBROGLIO, POST- MODERNISM’S “NO COUNTRY FOR OLD MEN”: WHY DEFAMED LAW PROFESSORS SHOULD “NOT GO GENTLE INTO THAT GOOD NIGHT”

With time the fury has subsided but the feelings from Chase’s own twenty-first century version of 1984 remain vivid – the shock and humiliation of being portrayed by the ABA and AALS as one of the group of male faculty creating a “pervasive hostile environment” is an experience I would wish on no one. How did… continue reading

CORPORATE SOCIAL RESPONSIBILITY: CURRENT STATUS AND FUTURE EVOLUTION

Whether or not those words were true when Kant penned them over two centuries ago, they are truer today than ever before in human history, and will resonate even more profoundly in the future. The current interrelated financial, economic, climate, energy, food, water, political, and security crises affecting the globe only highlight the historically unprecedented… continue reading

THE PLAYBOY DEFENSE IN PHILADELPHIA: HOW PENNSYLVANIA CONTINUES TO THWART FAIR AND EFFECTIVE SEXUAL ASSAULT PROSECUTIONS BY REFUSING TO ADMIT EXPERT TESTIMONY ABOUT RAPE TRAUMA SYNDROME

With the recent tragedy of the I-35W Mississippi River bridge collapse in Minnesota, the state of the nation’s transportation infrastructure was thrust into the national spotlight. Thirteen people were killed and over one hundred injured when a steel truss arch bridge collapsed into the Mississippi River outside of Minneapolis in August of 2007. News of… continue reading

LIMITING CONTINUATIONS: A PHARMACEUTICAL BASED PERSPECTIVE

With the recent tragedy of the I-35W Mississippi River bridge collapse in Minnesota, the state of the nation’s transportation infrastructure was thrust into the national spotlight. Thirteen people were killed and over one hundred injured when a steel truss arch bridge collapsed into the Mississippi River outside of Minneapolis in August of 2007. News of… continue reading