Search: self-defense
29 Nov Wikileaks and the Espionage Act
the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or…. (e) Whoever having unauthorized possession of, access to, or control over any document, writing, … or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to...29 Jun Can Congress Reverse Hamdan? (Updated)
...detained by the Department of Defense at Guantanamo Bay, Cuba. These detainees may be tried via laws of war or pursuant to the Department of Defense’s Military Commission Instruction Number Two. Section 305: Appellate Jurisdiction: Under this title the U.S. Courts of Military Appeals shall have exclusive jurisdiction over appeals from all final decisions of a classification tribunal board or military commission. These decisions are then subject to review by the Supreme Court by writ of certiorari. Section 306: Military Commission: Establishes the military commissions; consisting of three military officers,...05 Dec "Why Don’t You Just Execute Us?"
legal conception that this should not be so; just as the United States of America, … always demanded that neutrals, or neutrals and representatives of all parties, should be called to the Bench….” But this motion was not filed by defense counsel for Saddam Hussein. No, this motion was filed in November 1945 by defense counsel near the beginning of the Nuremberg trial challenging the legitimacy of that tribunal. Today, Saddam Hussein is trying the same approach. Here is a brief excerpt of the exchange at Hussein’s trial today: Judge:...09 Oct Schoolyard Terrorism: People v. Campbell
...merely an artistic expression of Casey’s. The defense and prosecution will each present witnesses, expert testimony, and physical evidence to support their arguments. The pretrial issue involves the First Amendment’s provisions governing freedom of speech and expression. It focuses on the constitutionality of the School Violence in Video Games statute, which prohibits the possession of certain types of video games. The defense asserts that the statute is unconstitutional. First, the defense argues that video games are a form of protected expression because they contain expressive elements entitled to First Amendment...10 Feb A Response to John Armour, Jack B. Jacobs and Curtis J. Milhaupt by Zenichi Shishido
...in Japanese Corporate Law and Corporate Governance: Current Changes in Historical Perspective, 49 Am. J. Comp. L. 653). The U.K. system maintains a good balance by putting strong regulations on both buyers and sellers—that is, requiring buyers to make mandatory bids for all shares and prohibiting incumbents from any defense. The U.S. system maintains another good balance by putting weak regulations on both buyers and sellers—that is, not requiring buyers to make mandatory all-share bids but allowing boards to implement defenses. Japan’s system takes the U.K.-like takeover rule and the...11 Nov Reverse Forum Shopping
I was in Miami for the weekend speaking at a conference sponsored by the American Bar Association and the International Bar Association on the topic of mass claims in developing countries. Many lawyers in the room were defense counsel for prominent corporations subject to new claims for violations of international or foreign law. There were also plenty of plaintiff lawyers, which made for interesting discussion. One of the issues that I discussed in my presentation was “reverse forum shopping.” Here is what appears to be happening with many of the...15 May I Can’t Wait to See Neal Katyal’s Argument In Defense of Military Commissions
...up my guitar and play Just like yesterday No, no! I'll move myself and my family aside If we happen to be left half alive I'll get all my papers and smile at the sky For I know that the hypnotized never lie Do ya? YAAAAAAAAAAAAAAAAAH! There's nothing in the street Looks any different to me And the slogans are replaced, by-the-bye And the parting on the left Is now the parting on the right And the beards have all grown longer overnight I'll tip my hat to the new...22 Sep In Defense of the United Nations (at least in Cambodia)
Chapman lawprof John Hall has a curious op-ed in the WSJ (subscription required) attacking the Cambodia hybrid war crimes court. He calls it “another U.N. corruption scandal in the making.” But this is really unfair to the U.N. (and when was the last time I wrote that sentence, maybe never?) Professor Hall is really arguing that the problem with Cambodian court is too much control and participation by local Cambodian lawyers and judges who are controlled by the current governing regime. Fair enough. But this isn’t really, or...