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  • The rule of law

    Regarding Richard Fords' comments on John Yoo and the Rule of Law, I have a slightly different take on what the Rule of Law is, and why it's important. The isn't a disagreement, I just think it's important to flesh out this idea a little more. There is an old saying that ''democracy is the worst form of government...except for all of the ...
    Posted to Convictions Archive by FormerIndependent on April 16, 2008

  • Yoo's Teaching

    Richard Ford writes of Professor Yoo's future at Berkeley: ''Such a breach of professional ethics might make him unfit to train future lawyers-- it would certainly make him unfit to teach legal ethics.'' Certainly, no one at Berkeley Law is proposing that Yoo teach ethics. But as a student who took one of John Yoo's courses at Berkeley Law, ...
    Posted to Convictions Archive by Ted McCombs on April 15, 2008

  • Practice and Preaching

    With all due respect of the comments previously posted, there is a real distinction between the role of a lawyer in practice and the role of a law professor. That is why Berkeley should be ashamed to maintain John Yoo on its staff as a professor. A lawyer in practice is under pressure to provide the advice and justification that ''facilitates'' ...
    Posted to Convictions Archive by Underground Sanity on April 15, 2008

  • John Yoo memos

    Hired gun mean anything to you? This reptile makes it impossible to see him in any sort of positive light. Reminds me of a story in San Francisco years ago about a lawyer who was shot. A lawyer made a point that killing lawyers needed to be made a hate crime. The result is that the radio station that aired it got a flood of calls with lawyer ...
    Posted to Convictions Archive by Puller58 on April 13, 2008

  • Analysis

    I would be grateful if Benjamin Wittes would cite to something instead of making generalizations about what he thinks is or is not in the rule. It is not good enough and we have had far too much of this kind of improvisation over the past seven years. Take a look at the CIA holding the worst of the worst statement - based on what? Based on what ...
    Posted to Convictions Archive by Benjamin Davis on April 6, 2008

  • Yoo analysis - permanent sleight of hand

    Over at opiniojuris.org they were asking us to look at alternative rules of statutory construction for this key part of the March 13, 2001 Yoo memo (around pages 36-39 and 40): Section 2340 defines the act of torture as an: act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or ...
    Posted to Convictions Archive by Benjamin Davis on April 5, 2008

  • Executive privilege and the past president

    After President Bush has left office, how are his executive privilege claims affected? To what extent can the new president make public or turn over to Congress papers that Bush asks be kept confidential until later? In particular:If Congress continues to investigate matters such as the firing of the US attorneys, can the new president remove ...
    Posted to Jurisprudence by Glenn Cassidy on April 4, 2008

  • Military law, international law and teardrops.....

    It is gratifying to read the analyses of how the overseas travel of administration attorneys or leaders could, in the future, expose them to prosecution in foreign courts for violations of national laws that give effect to the Geneva Convention, and incidentally cover related activities such as special rendition. [Note: read on after the excerpts ...
    Posted to Jurisprudence by Wilson Dizard III on April 4, 2008

  • Hello legal scholars: two (or more) factual points here

    It is gratifying to read the analyses of how the overseas travel of administration attorneys or leaders could, in the future, expose them to prosecution in foreign courts for violations of national laws that give effect to the Geneva Convention, and incidentally cover related activities such as special rendition. [Note: read on after the excerpts ...
    Posted to Convictions Archive by Wilson Dizard III on April 4, 2008

  • Hello legal scholars: two (or more) factual points here

    It is gratifying to read the analyses of how the overseas travel of administration attorneys or leaders could, in the future, expose them to prosecution in foreign courts for violations of national laws that give effect to the Geneva Convention, and incidentally cover related activities such as special rendition. [Note: read on after the excerpts ...
    Posted to Convictions Archive by Wilson Dizard III on April 4, 2008
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