Recent Articles

Restoring the Balance Between Security and Justice, a Response

November 19, 2008 21:25

The following article is posted from the JURIST-Forum, “A National Security Court: Restoring the Balance Between Security and Justice.” Although I very much enjoyed reading Professor Leila Nadya Sadat’s recent JURIST Forum op-ed Restoring America’s Rights Record, I...

Military Commissions and National Security Courts after Guantanamo

November 13, 2008 15:41

View my essay, Military Commissions and National Security Courts after Guantanamo, Northwestern Law Review, Colloquy, 2008, written in response to Gregory S. McNeal’s article, Beyond Guantanamo, Obstacles and Options. Abstract: In the aftermath of 9/11, definitional uncertainty as to the...

Anticipatory Self-Defense Key to Terror Fight

November 10, 2008 01:08

View an op-ed I co-wrote with Dan Barr of Perkins Coie Brown & Bain published Nov. 8 in the Arizona Republic, “Anticipatory Self-Defense Key to Terror Fight.” In applying “lessons learned” from previous examples of anticipatory self-defense, we recommend that the...

The Role of Justice in the Darfur Peace Process: Dispelling the Myths

October 03, 2008 20:33

This analyis was prepared by the Public International Law & Policy Group   The arguments surrounding the recent Application for an Issuance of an Arrest Warrant by the Prosecutor of the International Criminal Court for President Al Bashir of Sudan for crimes against humanity and genocide ...

Security Council May Quash ICC Prosecution of Al-Bashir

September 16, 2008 16:50

The Guardian is reporting today that the UK, France, China and Russia will be asking the UN Security Council to adopt a resolution blocking the International Criminal Court from continuing the effort to prosecute Sudanese President al-Bashir for Genocide in Darfur.  ...

Don’t miss the AIDP American National Section’s Annual Conference: “The ICC and the Crime of Aggression” — September 26, 2008

September 15, 2008 17:36

Where should the line be drawn between “just war” and “war crime”?  That is the question at the heart of the upcoming day-long AIDP American National Section’s annual conference at Case Western Reserve University School of Law on Friday, September 26. The conference features two dozen of the ...

Check out “Enemy of the State” Book Website

September 15, 2008 17:25

We are pleased to announce that “Enemy of the State: The Trial and Execution of Saddam Hussein” (St. Martin’s Press), “a work of non-fiction written like a novel” by AIDP American National Section President Michael Scharf and Vanderbilt Law Professor Michael Newton, will be available tomorrow, Septe...

Anticipatory Self-Defence and International Law–A Re-Evaluation

September 12, 2008 16:32

View my article, Anticipatory Self-Defence and International Law—A Re-Evaluation, published in the Journal of Conflict & Security Law.    Abstract   Traditional state v. state war is largely a relic.  How then does a nation-state defend itself—preemptively—against an unseen enemy?  Existing int...

Videocast Counterterrorism Panel, September 11, 2008

September 11, 2008 06:23

Click here for more information on my panel addressing  the prosecution of terrorism, videocast on September 11, 2008 from 5:00-8:00 am MST. Share ThisClick here for more information on my panel addressing  the prosecution of terrorism, videocast on September 11, 2008 from 5:00-8:00 am MST. Share T...

Authors@Google Series: Constitutional Limits on Coercive Interrogation

August 21, 2008 07:59

I recently visited Google’s Mountain View, CA headquarters to discuss my book Constitutional Limits on Coercive Interrogation. This event took place on August 18, 2008, as part of the Authors@Google series. View my part of the series here on youtube.com. In The Constitutional Limits of...