Author Archives: alstaples

Charles Taylor Convicted of War Crimes and Crimes Against Humanity

The Special Court for Sierra Leone announced earlier today that Charles Taylor, the former President of Liberia, was convicted on all counts of an 11-count indictment, which alleged that he was responsible for crimes committed by rebel forces during Sierra … Continue reading

Posted in Command Responsibility, Hansen, War Crimes | Leave a comment

Repealing Same-Sex Marriage in New Hampshire

At this writing, the New Hampshire legislature has rejected an effort to repeal the state’s law allowing same-sex marriage. It’s unlikely that the repeal, should it have been enacted, would have withstood constitutional challenge in any event given the recent … Continue reading

Posted in Equal Protection, Friedman | Leave a comment

The Supreme Court Strikes Down Warrantless GPS Monitoring

This week, in United States v. Jones, all the justices of the Supreme Court agreed that the U.S. Constitution precludes the government from monitoring our movements using installed GPS technology absent a warrant supported by probable cause. But the justices … Continue reading

Posted in Fourth Amendment, Friedman, Privacy, Surveillance | 1 Comment

In Memory of Professor George Dargo

At a time when many academics are winding down, my colleague George Dargo, who passed away last week, became enviably prolific. Before joining the New England Law faculty, back when he was a professor of history, George wrote a number … Continue reading

Posted in Dargo, Friedman, Scholarship | 2 Comments

Amending the Constitution to Overturn Citizens United

In more than 200 years, the United States Constitution has been amended just twenty-seven times. The primary reason for this is not hard to fathom: it is almost fantastically difficult to amend the Constitution. A proposal must secure the approval … Continue reading

Posted in Citizens United, First Amendment, Free Speech, Friedman | Leave a comment

America Needs Harry Truman

In a new book, Top Secret America, Washington Post reporters Dana Priest and William Arkin tell the story of the rise of the American security state following the terrorist attacks on 9/11. The authors detail the vast security apparatus developed … Continue reading

Posted in Congress, Hansen, National Security | Leave a comment

Privacy Harms Under Massachusetts Law

Last month, the Massachusetts Appeals Court decided Amato v. District Attorney, a case involving privacy and DNA. The plaintiff was one of many men who voluntarily submitted a DNA sample to prosecutors in connection with a murder investigation. Following the … Continue reading

Posted in Friedman, Privacy | 1 Comment

Trying Former Soldiers in Federal Court

The Sixth Circuit Court of Appeals recently affirmed the conviction of a former Army Private, Steven D. Green, for sexual assault and the murder of four Iraqi civilians in 2006. What makes this case unique is that Green was tried … Continue reading

Posted in Hansen, Military Commissions, Military Jurisdiction, Military Justice | Leave a comment

Libya and the War Powers Act

In a recent post, my colleague George Dargo suggested that the Obama administration has no reason not to comply with the terms of the War Powers Act regarding our support of NATO forces in Libya. One of the members of the … Continue reading

Posted in Hansen, National Security, Separation of Powers, War Powers | Leave a comment

Turner v. Rogers: A Basis for Cautious Optimism Despite the Opinion’s Flaws

From an Access to Justice and Civil Right to Counsel perspective, the Supreme Court’s decision in Turner v. Rogers provides a basis for cautious optimism despite the opinion’s flaws. It is unsurprising that the Court would decline to find a … Continue reading

Posted in Engler, Right to Counsel | Leave a comment