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Tag Archives: Jurist

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  • 14 Dec 2020
    Daniel L. Dreisbach, Mark David Hall

    Christianity Matters in American Law and Jurisprudence

    Since the first English settlements in North America, Christianity and its sacred text have had a significant influence on American jurisprudence. This reflects Christianity’s imprint on Western legal traditions in general and the English common law in particular. Early colonial laws, especially in New England’s Puritan commonwealths, drew extensively from biblical sources as interpreted within […]

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  • 15 Mar 2010
    Jordan J. Paust

    The Court-Martial: A Lawful Alternative

    The Al-Qaeda Seven controversy is all over the news. At the center of the debate are Justice Department attorneys who once represented terrorism detainees. Maligned by some for being un-American, their patriotism and their values called into question, and defended by others for protecting the liberties of unpopular clients, the story of the Al-Qaeda Seven calls into question the fundamental constitutional boundaries of our government. Ultimately, though, these Seven are a conduit for a larger conversation that we need to be having about the prosecution of suspected terrorists: Where should we try members of Al-Qaeda and the Taliban? Jordan J. Paust, author of Beyond the Law: The Bush Administration’s Unlawful Responses in the “War” on Terror, asks just that in a new op-ed for Jurist. With vim, vigor, and vision, he suggests that we must look beyond the two forums offered by the Obama Administration – federal district court or US military commission – to consider a third option: military court-martial.

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