Category: Developments
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Clapper v. Amnesty International: Still Trying for a Day in Court
—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs. Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing…
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Japan Developments: An Era Ends, and New One Around the Corner?
Yesterday, the New York Times reported the death of Beate Sirota Gordon, likely the last link to the drafting of the Constitution of Japan in 1946. Sirota had been raised in Japan, and was a civilian employee of the U.S. occupation forces when she was thrust into the drafting process in February of 1946.
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Romanian Elections: An “Original” Democracy?
–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law The long-awaited process in which Romanians were called to elect their representatives in the country’s Parliament came to an end last month. The Central Electoral Office announced the final results.
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An Occasion to Rethink American Presidential Succession
United States Senator Daniel Inouye passed away last week on December 17. Senator Inouye was the senior member of Hawaii’s congressional delegation, a World War II hero, the first Japanese-American to hold office in Congress, and one of the longest-serving senators in American history.
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The Brazilian Supreme Court: Between Activism and Judicial Responsibility
–Claudia Maria Barbosa, Pontifical Catholic University of Paraná, Brazil On December 17, 2012 the Brazilian Federal Supreme Court, (Supremo Tribunal Federal, STF), concluded the hearings of Criminal Case no. 470/2007, known as Mensalão (“Big Monthly”) – a criminal scheme to buy political support in Congress involving 37 accused, among them ministers from former President Lula’s…
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Japan’s Election and Constitutional Revision
Japanese awoke this morning to find that the Liberal Democratic Party had won a massive supermajority in the lower house, more than doubling its seat share from 118 to 294 seats. Its coalition partner Komeito won 31 seats, and the hawkish Japan Restoration Party also won 54 seats, nearly matching the governing Democratic Party of…
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The Once and Future Court
—Erin Delaney, Northwestern University School of Law I regret to inform you, should you have been interested in applying for one of the three upcoming vacancies on the Supreme Court of the United Kingdom, that the deadline has passed. Applications were due at 5pm on October 30.
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Canada Upholds Anti-Terrorism Law
—Richard Albert, Boston College Law School Today, the Supreme Court of Canada issued its long-awaited ruling on the Anti-Terrorism Act passed by Parliament in the aftermath of the terrorist attacks on the United States on September 11, 2001. Writing for a unanimous panel in two interrelated cases, Chief Justice Beverley McLachlin upheld the controversial anti-terrorism…
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In Memoriam: Chief Justice Arthur Chaskalson
—Brian Ray, Cleveland-Marshall College of Law, Cleveland State University Arthur Chaskalson, the first President and Chief Justice of the South African Constitutional Court died on December 1, 2012. Many have highlighted the remarkable and courageous role he played in the anti-apartheid movement, including his defense of Nelson Mandela and others during the infamous Rivonia trials.