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22 Mar

...likewise nonsense. There are Mosques in Rome within a stone's throw of the Vatican. How many Churches are there in Saudi Arabia, the home of Mecca and Medina? Zero. I suggest that Islam needs a reversal of sorts more than the RC Church does.. Patrick S. O'Donnell Just for the record: I was raised a Catholic and had a Catholic education up to and through high school. I research, write and teach about religions as part of my profession, so if I'm extremely ignorant of the history of the Church,...
22.03.06 | |

26 May

outlined by T.K. Seung in Intuition and Construction: The Foundation of Normative Theory (1993). In this account, intuition and construction are two integral processes intrinsic to the functional role of Platonic Forms (or ‘Ideas,’ ‘Archetypes,’ etc.). Platonic Forms—like the Sharī‘ah—are (is) indeterminate, while nonetheless serving as normative, intuitive, and nonpropositional foundations for constructing (propositional) models as guides for determinate social realities, thus, for example, (the Form) Justice is only the normative foundation for constructing models of determinate social orders, none of which fully realizes Justice, and all of which endeavor...
26.05.06 | |

08 May

...due humanitarian relief personnel, (ii) the prohibition of anti-personnel bullets that explode in the human body, (iii) the right of states to vest universal jurisdiction in national courts over war crimes; and (iv) the very existence of a rule prohibiting methods or means of warfare causing widespread, long-term or severe damage to the natural environment. Here’s a taste of the U.S. views: Virtually none of the evidence of practice cited in support of rule 78–[prohibiting use of bullets that explode within the human body]–represents operational practice; the Study ignores contrary...
08.05.07 | |

15 Feb

...court to fashion an order that, based on then-existing circumstances, ensures his lawful release from American custody." Roger, I can see the argument that Omar shouldn't have any habeas rights at all -- although ultimately I agree with the contrary decision of the full court (including Brown) on that question. But once it is determined that he is entitled to a federal court habeas hearing, isn't there something rather unseemly (or worse) about pretermitting that procedding by sending him off to another, more non-discriminating justice system? (Cf. Padilla and al-Marri.)...
15.02.07 | |

05 Mar

...have, been willing to deal with the rulings of religious courts, which are generally limited to areas of contract and family law, not criminal law. The courts will not enter into doctrinal, religious issues, but parse the cases according to secular law. Eugene Volokh's 'Volokh Conspiracy' law blog (http://www.volokh.com) frequently addresses religious accommodation as a 1st Amendment issue. You can do a search on 'religious accommodation' to find a few hours' reading on the subject. It's noteworthy that the majority of the cases have all involved Christianity, not minority religions...
05.03.11 | |

22 Jun

...on a Google search. http://pechkin.rinet.ru/foto/il/Asher/Akhziv/ D. A. Jeremy Telman Oops -- make that opening line, "Not only in Britain." Tobias Thienel As luck would have it, the High Court has just decided a case in which it explains the - somewhat arcane - constitutional detail of the Channel Island of Sark. The case is R (Barclay) v The Seigneur of Sark [2008] EWHC 1354 (Admin). For explanations of the role of The Queen as Duke of Normandy, Sark as part of the UK (or not) for purposes of domestic and...
22.06.08 | |

31 Jan

...it seems crazy to call “unfair” a legal system which actually gave Knox a completely new chance to challenge her conviction. Most media coverage seems to get these points (sort of). I think they have done so because folks like Alan Dershowitz have finally read the treaty and done a little research (he now agrees with this analysis of the treaty above, more or less), and because the magic of the Internet allowed my blog post from last March to be found by reporters doing their Google searches. So kudos...
31.01.14 | |

24 May

...tried only in Afghan courts. It is the sort of crime typically tried by military commissions during occupation, but the MCA appears to have been written defectively and not allow the charge. However, someone who has killed Americans is clearly a security risk, and may be held as a Civilian Internee (CI) during the term of hostilities provided that his status is reviewed every six months to determine if he is still a security risk. If challenged, the courts could certainly take the killing into consideration when considering the legality...
24.05.09 | |

15 Feb

...wasn't describing right-wingers in general; I was referring to the author, who is the head of the Cornell College Republicans. He is indeed a right-winger, as a simple google search -- the kind he's obviously not capable of -- makes clear. I've amended the post. Patrick S. O'Donnell His next piece will be more ambitious and thus inform us that international law (or what is virtually the same thing, 'global legalism') except, perhaps--and only then on occasion--international economic law that is subservient to the axioms of neoliberalism insofar as it...
15.02.13 | |

14 Sep

...discussion. Islam already has "most favored religion status" in the West when it comes to suppression of speech. We already self-censor ourselves to an enormous degree. As the Director General of the BBC noted earlier this year in discussing why it treated Christianity differently than Islam “Without question, ‘I complain in the strongest possible terms’, is different from, ‘I complain in the strongest possible terms and I am loading my AK47 as I write’,” he said. “This definitely raises the stakes.” To further twist our society in knots to appease...
14.09.12 | |

03 Dec

Mihai Martoiu Ticu Technology, such as internet, mobile and satellite phones, satellite television etc. has in the last 100 years started to shift the power from the powerful to the powerless. Bloggers exposed the use of white phosphorus in Iraq and the CIA-flights. We see live on youtube what's happening in Gaza, read live twits from the Iranian revolution. And now Wikileaks. It is cheap to inform and be informed, search for information, organize, protest, join forces with individuals scattered around the world, that otherwise be isolated. We should therefore...
03.12.10 | |

04 May

Jordan Response...$15 Phil Brooks 0. Just farm it out to some school's Law Review and tell the students they will be compensated with "prestige." Non liquet I decided to do a Google search for pay by the hour for paralegals and legal assistants. The mean hourly wage estimate according to the US Bureau of Labor Statistics is $25 an hour and the median is $23 an hour. http://www.bls.gov/oes/current/oes232011.htm Now that's work that may be billed or otherwise, but it strikes me that $20-$25 hour seems like a reasonable rate for...
04.05.16 | |