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Professional Commentary
20 Jul 2007

Ali Khan [Washburn University School of Law]: "In the Constitutional Petition No. 21 of 2007 (Chief Justice Chaudhry v. The President of Pakistan), a unanimous Supreme Court of 13 Justices has declared that the President's Order to suspend the Chief Justice is "ultra vires of the Constitution . . . … [read more]


Professional Commentary
5 Jul 2007

Ali Khan [Washburn University School of Law]: "In defending the suspension of Chief Justice Iftikhar Chaudhry, Pakistan government lawyers must argue that President Pervez Musharraf has properly exercised his executive power under Article 209(5). Assuming the President is authorized to refer the matter to the Supreme Judicial Council (SJC), the … [read more]


Professional Commentary
29 Jun 2007

Ali Khan [Washburn University School of Law]: "President Musharraf is no King James I and Chief Justice Iftikhar Chaudhry is no Chief Justice Edward Coke, but since Pakistan has been part of the British Empire and the common law traditions continue to inform the Pakistani legal system, a brief narrative … [read more]


Professional Commentary
22 Jun 2007

Ali Khan [Washburn University School of Law]: "Pakistan's Supreme Court is most likely to declare that the Executive order to suspend Chief Justice Iftikhar Chaudhry violates Articles 175(3) and 209(5) of the Constitution. If the Chief Justice is reinstated, the question remains whether President Musharraf will obey the Supreme Court.If … [read more]


Professional Commentary
14 Jun 2007

Ali Khan [Washburn University School of Law]: "The suspension of Chief Justice Iftikhar Muhammad Chaudhry provides a historic constitutional opportunity for the Pakistan Supreme Court to assert judicial independence. The preamble to the Constitution conceives Pakistan's legal order as a "sacred trust . . . wherein the independence of the … [read more]


Professional Commentary
8 Jun 2007

Ali Khan [Washburn University School of Law]: "The Pakistan Supreme Court has asked the government lawyers to disclose the procedure under which the President has sent the reference against the Chief Justice to the Supreme Judicial Council (SJC). The Court is particularly interested in determining the scope of "discretion" that … [read more]


Professional Commentary
29 Apr 2007

Ali Khan [Washburn University School of Law]: "A revolution is brewing in Turkey. Turkish generals do not believe that Foreign Minister Abdullah Gul is sufficiently secular to become the next President of the Turkish Republic. The un-amendable provisions of the national Constitution require that Turkey forever remain secular. Impassioned secular … [read more]


Professional Commentary
5 Apr 2007

Ali Khan [Washburn University School of Law]: "House Speaker Nancy Pelosi is moving on the right path in exploring the possibilities of negotiated solutions to the problems that threaten the peace of the Middle East. Her bold initiative to meet with two Muslim rulers, the Syrian President and the Saudi … [read more]


Professional Commentary
28 Feb 2007

Ali Khan [Washburn University School of Law]: "Making a sensible reversal, the Bush Administration has decided to negotiate with Syria and Iran, the two Muslim nations of the so-called Axis of Evil. (The US is already talking to North Korea, the third nation of the Axis).This policy reversal is in … [read more]


Professional Commentary
4 Dec 2006

Ali Khan [Washburn University]: " On January 4, 2006, Keith Ellison (D-Minn.) will make history by taking the oath of office as the first Muslim elected to the US House of Representatives. He has decided to take the oath on the Quran, the holy book of Islam. January 4th should … [read more]


Professional Commentary
20 Oct 2006

Ali Khan [Washburn University]: "One great accomplishment of the 1945 UN Charter has been its prescription against the threats of use of armed force. Article 2(4) states: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of … [read more]


Professional Commentary
28 Sep 2006

Brian J. Foley [Florida Coastal School of Law]: "This week's legislation limiting the rights of 'detainees' to challenge the Executive's exercise (and abuse) of power over them also strips Americans of our ability to oversee the Executive. When it's easy for the Executive to 'win' its cases against these prisoners, … [read more]


Professional Commentary
11 Sep 2006

Ali Khan [Washburn University School of Law]: "Five years later, the 9/11 tragedy is writ large. Unnecessary deaths litter the day, every day. Gratuitous barbarism shocks the conscience. The rhetoric of destruction intensifies. Individuals and nations committed to violence threaten international peace and security. The United Nations fails. The Security … [read more]


Professional Commentary
8 Sep 2006

Michael J. Kelly [Creighton University School of Law]: "President Bush recently acknowledged the existence of the long-suspected C.I.A. detention facilities that the U.S. has used to interrogate and possibly torture high-value foreign members of al Qaeda captured abroad. This acknowledgement, even as the facilities are being shut down in the … [read more]


Professional Commentary
24 Aug 2006

Jordan Paust [University of Houston Law Center]: "Recent litigation re: GTMO detainees in a Circuit Court has raised the issue whether the 2001 Authorization for Use of Military Force (AUMF) is relevant to requirements of the 1949 Geneva Conventions that provide detainee rights and Executive duties. As noted in a … [read more]


Professional Commentary
17 Jul 2006

Michael J. Kelly [Creighton University School of Law]: "Serbia has moved against a group of nationalist co-conspirators who have been hiding wanted war criminal Radko Mladic for about a decade. The Serb government, largely unresponsive to repeated requests to turn over such perpetrators to international tribunals, has responded in this … [read more]


Professional Commentary
14 Jul 2006

Ali Khan [Washburn University]: "Endangering international peace and security and defying international law, the Middle East is spinning out of control. The recent spiral of violence intensified when Palestinian militants captured an Israeli soldier and converted him into a bargaining chip for obtaining the release of thousands of prisoners, including … [read more]


Professional Commentary
11 Jul 2006

Geoffrey Corn [South Texas College of Law]: "Today it was reported that the Department of Defense has officially acknowledged that Common Article 3 of the four Geneva Conventions applies to the conflict with Al Qaeda. In fact, the Memorandum issued by Gordon England specifically directs the military departments to ensure … [read more]


Professional Commentary
4 Jul 2006

Ben Davis [University of Toledo College of Law]: "As the debate intensifies in an election year in Congress over what to do after the Supreme Court decision in the Hamdan case last week, I would ask two things: in drafting legislation listen to the uniformed military lawyers, and make sure … [read more]


Professional Commentary
1 Jul 2006

Brian J. Foley [Florida Coastal School of Law]: "The Supreme Court has finally spoken on the military commissions, after four-and-one-half years. Now it's time for Congress to step up - as it should have four-and-one-half years ago, when the Administration first created these commissions and proceeded to build a fake … [read more]


Professional Commentary
28 Jun 2006

Lisl Brunner [University of Pittsburgh School of Law 2L, in Argentina]: ""Asesino!" resounds from the stained-glass windows and marble columns of the makeshift courtroom in the city hall of La Plata, an hour south of Buenos Aires. Miguel Osvaldo Etchecolatz, former Director of Investigations of the Buenos Aires Police Department … [read more]


Professional Commentary
5 Jun 2006

Ali Khan [Washburn University School of Law]: "By substituting the language of respectful negotiation for that of threats, the Bush administration is on the right track in dealing with Iran over nuclear power issues. The policy reverses the neo-conservative fantasies of defeating Iran in the battlefield. Sobered by ceaseless killings … [read more]


Professional Commentary
28 May 2006

Geoffrey S. Corn [South Texas College of Law]: "Media attention is once again focusing on the laws of war. Recent reports indicate that a criminal investigation is underway to determine whether members of a U.S. Marine unit should be prosecuted for "war crimes" in Iraq. The incident under investigation allegedly … [read more]


Professional Commentary
22 May 2006

Geoffrey Corn, South Texas College of Law: "On May 9th, the Department of Defense published a revised version of Department of Defense Directive 5100.77, "The Department of Defense Law of War Program." This Directive is the foundation for all law of war related policies, training, application, and compliance programs throughout … [read more]


Professional Commentary
19 May 2006

Michael J. Kelly [Creighton University School of Law]: "From the perspective of the outside world, Gen. Michael Hayden's decision to wear his military uniform makes it appear that the military is taking over the CIA. And from their perspective, about the only thing worse than the CIA after Iraq is … [read more]

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