DOCSLIB.ORG

Res Ipsa Loquitur Faculty News

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Res Ipsa Loquitur Faculty News RES IPSA LOQUITUR FACULTY NEWS Chapman University School of Law Spring 2009 Faculty Update Compiled by the Office of the Associate Dean for Academic Affairs Available online at: www.chapman.edu/law/news/resipsa.asp SPRING EDITION MAY 2009 DEEPA BADRINARYANA published an TOM BELL recently published an article, article, The Emerging Constitutional Private Prediction Markets and the Law, in Challenge of Climate Change: India in the JOURNAL OF PREDICTION MARKETS. Perspective, in the FORDHAM His article, Codifying Copyright's Misuse ENVIRONMENTAL LAW REVIEW. Deepa Defense, was re-published in India in presented on a panel on international law and COPYRIGHT INFRINGEMENT: NEW climate change to the Environmental Law MYSTIFICATIONS (Narayana Vavili, ed. and Natural Resources Law Joint Field Trip Icfai University Press 2008-09). at the annual meeting of the Association of American Law Schools in San Diego in Tom has continued his learning in statistical January. She also presented on transportation analysis through participation at the energy policy at the Cumberland School of "Empirical Scholarship Workshop" at Law at Samford University in Birmingham, Northwestern University School of Law in Alabama in February, and on climate change May. In June he will teach three sessions at and human rights at the University of the week-long workshop, "Cinematic & Washington School of Law in May. Literary Traditions of Liberty," sponsored by the Institute for Humane Studies. He will also take part in two upcoming Liberty Fund MICHAEL J. BAZYLER published a seminars, the first on "Liberty and the chapter, International Human Rights Family," the other, "Liberty, Investiture, and Litigation and Professional Responsibility: the Papal Revolution." Lessons and Questions from the Holocaust Cases, in INTERNATIONAL HUMAN RIGHTS LAWYERING: CASES AND MATERIALS DANIEL BOGART recently published (Steinhardt, Hoffman & Camponovo) (West INSIDE PROPERTY: WHAT MATTERS AND 2009). He co-organized and presented at a WHY (Aspen), co-authored with John conference on litigating genocide at the Makdisi. Danny’s book COMMERCIAL Loyola Law School of Los Angeles in LEASING: A TRANSACTIONAL PRIMER February. He also spoke at Pomona College (Carolina Academic Press) has been adopted on international human rights law in March, at several schools, including the University of at the Annual Commemoration of the Chicago and Hofstra University Law Armenian Genocide in Glendale in April, and Schools. Danny has also co-authored the as the featured speaker 2009 at the most recent supplement to the FRIEDMAN International Law Section of Orange County ON LEASES (PLI), the most widely used Bar Association in May. national treatise on commercial leasing law. Res Ipsa Loquitur: Faculty News 1 Danny is a Contributing Editor of Law Merchant Shipping Association (PMSA), Developments for DIRT, a widely distributed Long Beach. listserv in the Real Estate Transactions Community. He presented on property and In April, Tom also participated in a panel mortgage issues for the Practicising Law discussion on “The First 100 Days of the Institute in Chicago, on March 27, 2009, as Obama Administration” at the USC part of a PLI program on commercial real Annenberg School of Journalism, and estate financing. delivered the keynote address on “Stare Decisis, the Duty to Rule, and Statutory As chair of the Association of American Construction” at the Annual San Francisco Law Schools Real Estate Section, Danny Law Society Supreme Court luncheon, moderated a program entitled “Real Estate with the Justices of the California Supreme Transactions in Troubled Times” that was Court in attendance. jointly sponsored with the AALS Section on Creditors’ and Debtors’ Rights at the 2009 In May, Tom delivered the 23rd Annual AALS Annual Meeting in San Diego Bollens Ries Hoffenberg Lecture on "The Budget Processes of the United States and the Danny was one of four Chapman University State of California" at the UCLA School of professors to recently receive the prestigious Public Affairs. Chapman University Valerie Scudder Award in recognition of outstanding achievement in teaching, scholarship, TIMOTHY A. CANOVA presented on the advising, and service by a faculty member at financial crisis and the economics of control Chapman University. Each recipient receives at the recent Law and Society Association a monetary award in recognition of their annual meeting in Denver. This spring he accomplishment. also presented at a symposium on “Financial Markets and Systemic Risk” at the University of Iowa, and on a panel on Wartime Finance HEIDI K. BROWN recently published the and Economics at the CHAPMAN LAW 6th edition of FUNDAMENTALS OF REVIEW symposium on Lincoln’s FEDERAL LITIGATION, a leading litigation Constitutionalism. In January, he was the manual published by Thomson-West. featured speaker at the Orange County Labor and Employment Relations Association dinner in Anaheim; and he TOM CAMPBELL recently published presented on the subprime lending crisis to a Bilateral Monopoly: Further Comment in the program of the Section on Socio-Economics ANTITRUST LAW JOURNAL. at the annual AALS meeting in San Diego. In March, Tom participated in a panel on the Tim presented a work in progress, Financial California Budget Mess at the Stanford Market Failure and the Economics of Institute for Economic Policy Research, Control: Rethinking a New Bretton Woods and he delivered the keynote address on for the Twenty-First Century, which was Economic Trends at the Global Technology selected on the basis of a blind peer review Symposium at Stanford University. In April, process by the American Society of he delivered addresses on the economy at the International Law (ASIL) International Fisher Center for Real Estate at the Haas Economic Law Interest Group (IELIG) for School of Business at the University of the 2009 ASIL Research Colloquium on California at Berkeley, and at the Pacific International Economic Law at the UCLA School of Law in February. Res Ipsa Loquitur: Faculty News 2 Tim presented at a conference on “The Panelist, “Collaboration in Progress: Financial Services Bailout: Cause, Effect and Facilitating Productive Dialogue in Clinical the Limits of Government Action” at the Rounds Discussions,” at the AALS Clinical National Press Club, in Washington, D.C. in Conference in Cleveland, Ohio in May. She March. In April, he moderated a program of also contributed to production of the the World Affairs Council of Orange County Clinicians’ Desk Reference as part of her featuring James D. Wolfensohn, former work on the Outreach Committee of the president of the World Bank. AALS Section on Clinical Legal Education. Tim was the keynote speaker on “Ethics, Marisa’s work has been cited in articles in Trust & Loyalty” at the 3rd Annual Latino/a various law journals, including the EMORY Youth Personal and Leadership Development INTERNATIONAL LAW REVIEW, HOUSTON Conference of the League of United Latin LAW REVIEW, OHIO STATE LAW JOURNAL, American Citizens (LULAC) at Coastline and the VILLANOVA LAW REVIEW. Community College in Garden Grove, California in March. Marisa was invited to serve on the program committee of the AALS Section on Teaching, Tim has been interviewed and quoted widely on the advisory committee of the Assistance on the financial crisis in newspapers and on League of Orange, and on the board of National Public Radio affiliates in Los directors of Concern America, a nonprofit Angeles, San Francisco, Berkeley, Boston development and refugee aid organization. and elsewhere and overseas, including BBC- London, Iranian World Service, and NewsTalk in Kingston, Jamaica. His work KATHERINE DARMER published an has recently been cited in articles in a number article, Scalian Skepticism and the Sixth of journals, including the GEORGETOWN Amendment in the Twilight of the Rehnquist LAW JOURNAL, CONNECTICUT LAW Court in the UNIVERSITY OF SAN REVIEW, COLUMBIA JOURNAL OF FRANCISCO LAW REVIEW. ENVIRONMENTAL LAW, and the AMERICAN JOURNAL OF COMPARATIVE LAW. Katherine organized and participated in a “hot topics” panel entitled, “Proposition 8, Legal Challenges and the Future of Marriage MARISA S. CIANCIARULO published an Between Same-Sex Couples,” at the annual article, What Is Choice? Examining Sex meeting of the Association of American Trafficking Legislation Through the Lenses of Law Schools in San Diego in January. She Rape Law and Prostitution, in the ST. also spoke about Proposition 8, marriage THOMAS LAW JOURNAL. Her article, The equality and other issues affecting the Trafficking and Exploitation Victims lesbian, gay, bisexual, and transgendered Assistance Program: A Proposed Early (LGBT) community in numerous other Response Plan for Victims of International forums at Chapman University, University of Human Trafficking in the United States, was California at Irvine, Pitzer College, and recently published in the NEW MEXICO Texas Tech University Law School. LAW REVIEW. Katherine participated in the widely-followed Marisa moderated a panel on “Proposition 8, debate with visiting professor John Yoo on Legal Challenges and The Future Of Presidential Powers in Wartime at Chapman Marriage Between Same-Sex Couples,” at University‘s Memorial Hall in April. the AALS annual meeting in San Diego in January. She was also a Concurrent Session Res Ipsa Loquitur: Faculty News 3 Katherine was the founding board member JOHN C. EASTMAN has published 3rd and chair of the legal team of the Orange edition of three co-edited books: THE County Equality Coalition (“OCEC”)
Load more

Recommended publications
  • Critical Praise for Honor Bound ✯✯✯
    rotunda 00 fmt cx 3 4/16/08 10:18 AM Page 1 Critical Praise for Honor Bound ✯✯✯ “Honor Bound is an engrossing, first-hand account of military justice in an age of terrorism and what it takes to defend liberty as a JAG officer today. U.S. Army Captain (now Major) Kyndra Rotunda was at the center of the most im- portant and controversial legal issues in the war, including the difficulties of detaining and prosecuting terrorists while traditional war is being redefined. Her fascinating and lucid story chronicles her journey from a Wyoming law school, through the shock of September 11th, to interrogation cells at Guan- tanamo Bay, terror trials, and to Walter Reed Army Medical Center deficien- cies. And though she pulls no punches where criticism is due, she (and we) can be justly proud of the underlying integrity of our military services and the honor-bound system of our men and women in uniform.” —Edwin Meese,Former U.S. Attorney General ✯✯✯ “The detention and prosecution of unlawful enemy combatants captured in the global war on terrorism will be the topic of debate for many years to come. A critical component of the debate will be the firsthand observations of those who were involved. Kyndra Rotunda provides a unique perspective, having served in three different capacities. She was the legal advisor in Guantanamo Bay to the detention camp commander in 2002–2003, where she provided legal advice to the Commander and worked with the International Committee of the Red Cross. Later, as a member of the Criminal Investigations Task Force, she was legal counsel to the military law enforcement agents who interviewed detainees and developed cases for possible prosecution.
    [Show full text]
  • Fifth Annual Chief Justice Ronald M. George Distinguished Lecture: Veterans in the Judiciary Lisa Lomba Golden Gate University School of Law, [email protected]
    Golden Gate University School of Law GGU Law Digital Commons Ronald M. George Distinguished Lecture Series Conferences, Lectures and Workshops 10-17-2013 Fifth Annual Chief Justice Ronald M. George Distinguished Lecture: Veterans in the Judiciary Lisa Lomba Golden Gate University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.ggu.edu/rongeorge Part of the Judges Commons, and the Other Law Commons Recommended Citation Lomba, Lisa, "Fifth Annual Chief Justice Ronald M. George Distinguished Lecture: Veterans in the Judiciary" (2013). Ronald M. George Distinguished Lecture Series. Paper 24. http://digitalcommons.law.ggu.edu/rongeorge/24 This Conference Proceeding is brought to you for free and open access by the Conferences, Lectures and Workshops at GGU Law Digital Commons. It has been accepted for inclusion in Ronald M. George Distinguished Lecture Series by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. OCTOBER 17, 2013 FIFTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE VETERANS in the judiciary FEATURING ASSOCIATE JUSTICE MING W. CHIN SUPREME COURT OF CALIFORNIA AND OCTOBER 18, 2013 FIRST ANNUAL VETERANS LAW CONFERENCE PRESENTED BY THE LAW STUDENTS VETERANS COALITION OF NORTHERN CALIFORNIA The Annual Chief Justice Ronald M. George Distinguished Lecture, named after legendary former Chief Justice of California Ronald M. George, shines a spotlight on the vital role of the courts by bringing together judicial leaders to share their perspectives on critical issues facing the judiciary. Program OCTOBER 17, 2013 n WELCOME Rachel Van Cleave, Dean Golden Gate University School of Law John Fyfe, on behalf of President Dan Angel Golden Gate University n LECTURE INTRODUCTION Associate Justice Carol A.
    [Show full text]
  • Publications
    BOOKS HONOR BOUND: INSIDE THE GUANTANAMO TRIALS (Carolina Academic Press, June, 2008) MILITARY AND VETERANS LAW (Thomson/West, May 2011) TRANSFORMATIVE CLIENT INTERVIEWING & COUNSELING (Carolina Academic Press, forthcoming) CIVIL PROTECTIONS AND REMEDIES FOR SERVICE MEMBERS (Thomson Reuters, forthcoming, Fall 2015) ARTICLES Self Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Rotunda and Ariel Freilich, 9 U. Mass. L. Rev. 422, 2014. National Defense Authorization Act and Military Sexual Assault/Harassment: Sweeping Reform or Just Words? Vol. 55 No. 3, ORANGE COUNTY LAWYER (March 2013). A Short Comment on Current Detainee Policy: One Step Forward and Two Steps Back, 3 AKRON J. OF CONSTITUTIONAL LAW AND POLICY 41 (2012) Halting Military Trials in Guantanamo Bay: Can the President Call a Time Out? 19 MICHIGAN STATE JOURNAL OF INTERNATIONAL LAW, 95 (Fall 2010.) A Comparative Historical Analysis of War Time Procedural Protections: From The Civil War To The War on Terror, 12 CHAPMAN LAW REVIEW 449 (2009) [Reprinted in THE RETRIAL OF MARY SURRATT, State of Illinois, October 3, 2011.) Applying Geneva Convention Principles to Guantanamo Bay, 43 UNIVERSITY OF RICHMOND LAW REVIEW 1067 (2009) The Origins and Original Meaning of the Spending Clause, ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, Vol. 4, at p. 437 (Gale Cengage Learning, Macmillan Reference, David S. Tanehaus, ed., 2008) Intoxication as a Defense, the Drunk and Dangerous Model, 33 LAND & WATER LAW REVIEW 749 (1998) ELECTRONIC PUBLICATIONS Lecturer & Author, MILITARY DISCHARGES, DISABILITY PROCEEDINGS AND APPEALS, A TRAINING GUIDE FOR ADVOCATES REPRESENTING CURRENT OR FORMER MILITARY PERSONNEL, DVD & Corresponding Manual (2 lectures and 2 written chapters) (National Veterans Legal Services Program, 2008).
    [Show full text]
  • Ronald Rotunda, One of Nation's Most Influential Legal Minds, to Join Chapman Law School Faculty Chapman University Media Relations
    Chapman University Chapman University Digital Commons Chapman Press Releases 2003-2011 Chapman Press 5-21-2008 Ronald Rotunda, One of Nation's Most Influential Legal Minds, to Join Chapman Law School Faculty Chapman University Media Relations Follow this and additional works at: http://digitalcommons.chapman.edu/press_releases Part of the Higher Education Commons, and the Higher Education Administration Commons Recommended Citation Chapman University Media Relations, "Ronald Rotunda, One of Nation's Most Influential Legal Minds, to Join Chapman Law School Faculty" (2008). Chapman Press Releases 2003-2011. Paper 176. http://digitalcommons.chapman.edu/press_releases/176 This Article is brought to you for free and open access by the Chapman Press at Chapman University Digital Commons. It has been accepted for inclusion in Chapman Press Releases 2003-2011 by an authorized administrator of Chapman University Digital Commons. For more information, please contact [email protected]. Ronald Rotunda, One of Nation's Most Influential Legal Minds, to Join Chapman Law School Faculty Rotunda and his wife, military law expert Kyndra Rotunda, are Chapmans Latest Stellar Hires from George Mason University ORANGE, Calif.. May 21, 2008 Ronald D. Rotunda, one of the nations most influential legal minds and most frequently cited experts on constitutional law and legal ethics, is the latest distinguished faculty member to join Chapman University from George Mason University. Rotunda will join the Chapman University School of Law faculty as a tenured professor of law effective August 1, it was announced today by John Eastman, dean of the Chapman law school. Rotundas wife Kyndra, a leading expert on military personnel and disability law and legal aid for military families, will also join the Chapman faculty as a visiting assistant professor of law.
    [Show full text]
  • Ronald Rotunda: Scholar, Teacher, Professor, Public Intellectual
    CHAPMAN LAW REVIEW Citation: Hugh Hewitt, Ronald Rotunda: Scholar, Teacher, Professor, Public Intellectual. An Appreciation., 22 CHAP. L. REV. 197 (2019). --For copyright information, please contact [email protected]. CHAPMAN UNIVERSITY | FOWLER SCHOOL OF LAW | ONE UNIVERSITY DRIVE | ORANGE, CALIFORNIA 92866 WWW.CHAPMANLAWREVIEW.COM Do Not Delete 5/22/2019 8:15 PM Ronald Rotunda: Scholar, Teacher, Professor, Public Intellectual. An Appreciation. Hugh Hewitt Members of the Rotunda family, friends of Ron Rotunda, Dean Parlow, colleagues, students, judges, and members of the bar, welcome. I was very honored to receive the invitation from the Chapman Law Review to deliver some remarks about Ronald Rotunda at this symposium today. I did not know Professor Rotunda for the first forty years of his remarkable life. He was a decade ahead of me at Harvard College and had graduated from Harvard Law School before I set foot in Cambridge. If we ever discussed how Ron made it through those turbulent years, I don’t recall it, but I am fairly certain that as the Students for a Democratic Society (SDS) members occupied Harvard Hall at the college in 1969, Ron was strolling into Langdell Hall at the law school, unperturbed, almost certainly wearing a bow tie, and most certainly prepared for whatever class it was in those “Paper Chase years.” I first met Ron in 1986, when I became a member of the Administrative Conference of the United States by virtue of my being named, at far too young an age, as General Counsel of the United States Office of Personnel Management (OPM).
    [Show full text]
  • Article Touches Upon
    Volume 61, Issue 2 Page 417 Stanford Law Review MILITARY LAWYERING AND PROFESSIONAL INDEPENDENCE IN THE WAR ON TERROR: A RESPONSE TO DAVID LUBAN Major General Charles J. Dunlap & Major Linell A. Letendre © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 61 STAN. L. REV. 417 (2008). For information visit http://lawreview.stanford.edu. DUNLAP & LETENDRE 61 STAN. L. REV. 417 1/23/2009 9:31 PM RESPONSE MILITARY LAWYERING AND PROFESSIONAL INDEPENDENCE IN THE WAR ON TERROR: A RESPONSE TO DAVID LUBAN Major General Charles J. Dunlap, Jr.* & Major Linell A. Letendre** INTRODUCTION.......................................................................................................417 I. THE LUBAN APPROACH ......................................................................................419 A. Synopsis ......................................................................................................419 B. Audi Alteram Partem? ................................................................................421 II. LUBAN’S MISCONCEPTIONS...............................................................................422 A. The “Leviathan” Myth................................................................................422 B. Despicable Scheming or Reasonable Precaution?......................................426 C. Intrinsic Tribulations of Defense Counsel or Product of “Designed” Policy?........................................................................................................428
    [Show full text]
  • Restoring the Rule of Law Hearing Committee on The
    S. HRG. 110–584 RESTORING THE RULE OF LAW HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS SECOND SESSION SEPTEMBER 16, 2008 Serial No. J–110–119 Printed for the use of the Committee on the Judiciary ( VerDate Aug 31 2005 16:38 Nov 12, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 S:\GPO\HEARINGS\45240.TXT SJUD1 PsN: CMORC RESTORING THE RULE OF LAW VerDate Aug 31 2005 16:38 Nov 12, 2008 Jkt 000000 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 S:\GPO\HEARINGS\45240.TXT SJUD1 PsN: CMORC S. HRG. 110–584 RESTORING THE RULE OF LAW HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS SECOND SESSION SEPTEMBER 16, 2008 Serial No. J–110–119 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 45–240 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 16:38 Nov 12, 2008 Jkt 000000 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\45240.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. BIDEN, JR., Delaware ORRIN G. HATCH, Utah HERB KOHL, Wisconsin CHARLES E.
    [Show full text]
  • Reestablishing Actual Impartiality As the Fundamental Value of Judicial Ethics: Lessons from "Big Judge Davis" Raymond J
    Kentucky Law Journal Volume 99 | Issue 2 Article 3 2010 Reestablishing Actual Impartiality as the Fundamental Value of Judicial Ethics: Lessons from "Big Judge Davis" Raymond J. McKoski John Marshall Law School Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Supreme Court of the United States Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation McKoski, Raymond J. (2010) "Reestablishing Actual Impartiality as the Fundamental Value of Judicial Ethics: Lessons from "Big Judge Davis"," Kentucky Law Journal: Vol. 99 : Iss. 2 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol99/iss2/3 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. Reestablishing Actual Impartiality as the Fundamental Value of Judicial Ethics: Lessons from "Big Judge Davis" RaymondJ. McKoski' INTRODUCTION of the in the Atlantic Monthly's inventory D AVIDone hundredDavis is mostnot includedinfluential Americans. Nor has "big Judge Davis"' made any list of great Supreme Court Justices.' His anonymity also makes it unlikely that he will join the Supreme Court Justice bobble-head collection created by The Green Bag.' These slights are not surprising. But it is somewhat disheartening that Judge Davis's solid resume did not merit his inclusion in a recent symposium on neglected Supreme Court Justices.' After all, how many judges can boast that they authored a Supreme Court opinion described as "one of the bulwarks of American liberty,"' masterminded Abraham Lincoln's presidential nomination in 1860,8 and I Circuit Judge (retired), Nineteenth Judicial Circuit, Lake County, Illinois.
    [Show full text]
  • Kyndra Rotunda Amended Complaint
    Case 1:09-cv-00752-LMB-TRJ Document 3 Filed 07/09/2009 Page 1 of 73 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ) KYNDRA ROTUNDA ) ) Plaintiff, ) ) CIVIL ACTION NO. v. ) ) 1:09-cv-00752-LMB-TRJ JOSEPH C. ZENGERLE in his personal capacity, ) DANIEL D. POLSBY in his personal capacity, and ) THE RECTOR AND VISITORS OF GEORGE ) MASON UNIVERSITY, ) ) JURY TRIAL DEMANDED Defendants. ) ) FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES A. Jurisdiction and Venue 1. This is an action to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended, 42 U.S.C. § 1981a, the Equal Pay Act of 1963, 29 U.S.C. § 206(d), 42 U.S.C. § 1983, and the common law of the Commonwealth of Virginia. Plaintiff also seeks relief under the Declaratory Judgment Act, 28 U.S.C. § 2201. 2. Jurisdiction over this action is established under § 706(f)(3) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(3), and under 28 U.S.C. §§ 1331 and 1332. 3. The amount in controversy exceeds seventy-five thousand dollars ($75,000). 4. A substantial part of the acts and omissions alleged herein occurred on the premises of the George Mason University School of Law (hereafter, “Law School”) at 3301 Fairfax Drive, Arlington, Virginia, and thus occurred within the Eastern District of Virginia. Case 1:09-cv-00752-LMB-TRJ Document 3 Filed 07/09/2009 Page 2 of 73 5.
    [Show full text]
  • Applying Geneva Convention Principles to Guantánamo Bay Kyndra Rotunda Chapman University School of Law
    University of Richmond Law Review Volume 43 | Issue 3 Article 9 3-1-2009 Applying Geneva Convention Principles to Guantánamo Bay Kyndra Rotunda Chapman University School of Law Follow this and additional works at: https://scholarship.richmond.edu/lawreview Part of the Courts Commons, International Law Commons, Law and Politics Commons, Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Kyndra Rotunda, Applying Geneva Convention Principles to Guantánamo Bay, 43 U. Rich. L. Rev. 1067 (2009). Available at: https://scholarship.richmond.edu/lawreview/vol43/iss3/9 This Article is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. APPLYING GENEVA CONVENTION PRINCIPLES TO GUANTANAMO BAY Kyndra Rotunda * I. INTRODUCTION During this election year, both presidential candidates, Sena- tors Barack Obama and John McCain, favored closing the U.S.- operated detention camp in Guantdnamo Bay.1 Support for clos- ing the detention camp stemmed from a perceived failure of the United States to follow the rule of law with respect to detainees held there.2 In fact, the Senate Judiciary Committee recently held hearings to explore ways of Restoring the Rule of Law in GuantA- namo Bay.3 But, before the United States can explore ways to re- pair what is wrong with the detention camp in Guantdnamo Bay, it must consider whether, and to what extent, the rule of law cur- rently exists in Guantinamo Bay.
    [Show full text]
  • A Short Comment on Current Detainee Policy: One Step Forward and Two Steps Back
    3- ROTUNDA_MACRO.DOCM 4/12/2012 11:47 AM A SHORT COMMENT ON CURRENT DETAINEE POLICY: ONE STEP FORWARD AND TWO STEPS BACK Kyndra Miller Rotunda I. Introduction ........................................................................ 41 II. Law Governing Military Commissions .............................. 42 III. Military Commissions Act of 2009: Discussion and Analysis .............................................................................. 44 A. Use of Potentially Coerced Statements ........................ 44 B. Latitude in Selecting Defense Lawyers ....................... 46 C. Additional 5th Amendment Protections ...................... 47 IV. Indefinite Detention and the Geneva Conventions ............. 48 A. Indefinite Detention in U.S. Prisons ............................ 50 V. Provisions Authorizing the Detention of Enemy Combatants: Then and Now .............................................. 50 VI. Conclusion .......................................................................... 53 I. INTRODUCTION This comment originates from a debate that the Akron Law Federalist Society at the University of Akron School of Law hosted. The participants considered the legalities of U.S. policies with respect to the detention, interrogation, and trial of detainees held in Guantanamo Bay. This Comment analyzes some of the legal issues discussed during that debate and also touches on recent issues related to the detention and trials of detainees held in Guantanamo Bay. Kyndra Rotunda is an Associate Professor of Military and International Law at Chapman University, Executive Director of the Military Law & Policy Institute and AMVETS Legal Clinic, Lecturer at Berkeley Law, former Army JAG Officer (Major), former Guantanamo Bay Prosecutor, and author of HONOR BOUND: INSIDE THE GUANTANAMO TRIALS (Carolina Academic Press 2008), and MILITARY AND VETERANS LAW (West Publishing 2011). 41 3- ROTUNDA_MACRO.DOCM 4/12/2012 11:47 AM 42 AKRON JOURNAL OF CONSTITUTIONAL LAW AND POLICY [3:41 1 II. LAW GOVERNING MILITARY COMMISSIONS In the aftermath of 9/11, the U.S.
    [Show full text]
  • Military Law News
    Virginia State Bar Military Law Section Newsletter Military Law News U.S. Air Force • U.S. Navy • U.S. Coast Guard • U.S. Marines • U.S. Army Military Law News Spring 2008 WHEN SOLDIERS SPEAK OUT: A SURVEY OF PROVISIONS LIMITING FREEDOM OF SPEECH IN THE MILITARY by JOHN LORAN KIEL, JR. © 2007 John Loran Kiel, Jr. From Parameters, Autumn 2007, pp. 69-82. Reprinted by permission of the author and the U.S. Army War College. “The war in Iraq violates our democratic system of checks ner tens of thousands of visits each day. and balances. It usurps international treaties and conven- One byproduct of Internet-related technology is the growing tions that by virtue of the Constitution become number of soldiers, sailors, airmen, and Marines who use these American law. The wholesale slaughter and mistreatment tools as a means to publicly express their disapproval of the of the Iraqi people with only limited accountability is not President and his foreign policy agenda. For instance, one partic- only a terrible moral injustice, but a contradiction to the ularly astute group of active-duty war protesters came to Capitol Army’s own Law of Land Warfare. My participation Hill to formally present a petition titled “Appeal for Redress” to would make me a party to war crimes.” Representatives Dennis Kucinich (D-Ohio) and Jim McGovern — Lieutenant Ehren Watada1 (D-Mass.). The group created their own Web site where they explained their purpose and posted a short petition calling for the “When a nation is at war many things that might be said immediate withdrawal of American military forces from Iraq.
    [Show full text]