[IntLawProfessors] [TILDS] U.S. PRESIDENT'S LAWYER TOTURE MEMO CASE

[William Slomanson]

Bravo!
________________________________
From: TILDS at yahoogroups.com [TILDS at yahoogroups.com] on behalf of Geoffrey Hartwell [hartwell at blueyonder.co.uk]
Sent: Tuesday, May 08, 2012 4:45 AM
To: TILDS at yahoogroups.com; intlawprofessors at mailman.anu.edu.au; kosovokids at chicagokent.kentlaw.edu
Subject: RE: [TILDS] U.S. PRESIDENT'S LAWYER TOTURE MEMO CASE

Thank you.

One proposition seems strange.  The report appears to say, “      Padilla and Lebron acknowledge that at the time Yoo served as Deputy Assistant Attorney General at OLC, there did not exist a “single judicial opinion,” holding that a United States citizen held in military detention as an enemy combatant possessed rights against the kind of treatment to which Padilla was subjected.”

If I have understood the common law correctly – and what layman can understand such an esoteric mystery? – the Law remains the same, Judges discover it, they don’t change it.
Doesn’t that mean that, if no Judge will decide in the absence of “a single judicial opinion” the whole dynamic of the common law is lost?  Doesn’t that reduce the Judge to a powerless functionary, unable to pronounce on or develop the law?

With kind regards,
Geoffrey Hartwell
Professor Geoffrey M Beresford Hartwell

From: TILDS at yahoogroups.com [mailto:TILDS at yahoogroups.com] On Behalf Of William Slomanson
Sent: Tuesday, May 08, 2012 2:13 AM
To: TILDS at yahoogroups.com; intlawprofessors at mailman.anu.edu.au; kosovokids at chicagokent.kentlaw.edu
Subject: [TILDS] U.S. PRESIDENT'S LAWYER TOTURE MEMO CASE [1 Attachment]

[Attachment(s) from William Slomanson included below]

I've uploaded the attached edited version to my Intl Law Course Web Page, which I'll use in my fall class. I welcome suggested additions/deletions.... At only 7 pages long, I anticipate some reaction to succinctness; however, I already cover too much & try to keep each online case a manageable length. Done in Word, so you can edit, as well.


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