Military Commissions Revived: Persisting Problems of Perception

[Excerpt] “When the first military commission proceedings began in July 2004, the Bush Administration identified fifteen Guantanamo Bay detainees subject to the military commissions. Subsequently, Bush Administration officials asserted that they had evidence to move forward with between sixty and eighty cases within the commission system. But, by the time President George W. Bush left office in early 2009, the commissions had resolved only three cases. Upon taking office, President Barack Obama initially suspended the military commission proceedings in the thirteen cases in which charges were pending, but, in May 2009, he announced his intention to move forward with some commission trials at Guantanamo Bay. In January 2009, the Obama Administration’s Guantanamo Review Task Force reported that it had identified thirty-six cases slated for prosecution. On November 13, 2009, Attorney General Eric Holder announced that the government would pursue civilian court prosecutions of the five defendants accused of conspiring to commit the 9/11 attacks and military commissions for five other detainees. Over a year later, military commissions have resolved only three additional cases, all resulting in plea deals, and there have been only sporadic proceedings in any pending cases.

Business Organizations and Tribal Self-Determination: A Critical Reexamination of the Alaska Native Claims Settlement Act

In 1971, Congress enacted the Alaska Native Claims Settlement Act. This Act required that Native American groups in Alaska form corporations to receive property and money to settle their claims to the land and resources of the state. The Act represents an unprecedented experiment in Native American law. Because the Act required that Alaska Natives organize corporations, it has been the subject of great debate among Native Americans, scholars, and politicians. This Article explores the benefits and harms of the Settlement Act and provides substantive suggestions if the Act is ever amended or if similar legislation is ever proposed

Boise College; an idea grows

https://scholarworks.boisestate.edu/uni_books/1004/thumbnail.jp

The Role of the Foreign Corrupt Practices Act and Other Transnational Anti-Corruption Laws in Preventing or Lessening Future Financial Crises

The most recent global financial crisis resulted in part from a failure of international law. Politicians and other regulators in the United States and abroad failed to effectively work together to create a consistent and proper level of regulation for the financial institutions, the mortgage-backed securities, and the credit default swaps that were at the heart of the crisis. As evidenced by the crisis, the globalization of financial markets within the past few decades has created new systemic risk in which national crises can quickly and easily spread across national borders. In the absence of greater coordination by politicians and other regulators in the United States and abroad, global financial crises are likely to occur with greater regularity and severity as the world continues to become more interconnected. Even if a cohesive web of international financial regulation can be developed, enforcement of the various strands of that web of regulation remains a concern. Remarkably, anti-corruption law has largely been ignored as a necessary component of financial regulatory reform. In the voluminous body of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the term “corruption” is not mentioned once, which is extraordinarily troubling. A robust and comprehensive system of transnational anti-corruption law is required to create stable global financial markets. The realities of an increasingly interconnected world precipitated the enactment of the Foreign Corrupt Practices Act to prevent persons and other entities from engaging in activity that would corrupt foreign government officials. The OECD Anti-Bribery Convention, the United Nations Convention Against Corruption, and various other international agreements have helped to spread transnational anti-corruption laws throughout the rest of the world. The adoption and enforcement of these laws, however, remains incomplete. In the absence of a robust and comprehensive system of transnational anti-corruption laws, the global financial markets remain subject to greater risk of future financial crises. This article explores the current global system of anti-corruption law and explore how that system should and must evolve to prevent or lessen future global financial crises

The Internationalization of Securities Regulation: The United States Government\u27s Role in Regulating the Global Capital Markets

This Article advances the existing scholarship in three main ways. First, it analyzes the United States government’s current approach to international securities law. Second, it advocates that the United States government take a more aggressive approach to the harmonization and centralization of international securities regulation and enforcement. Third, it provides a handful of concrete proposals as to actions that the United States government might take to bring about the harmonization and centralization of international securities law

An Interdisciplinary Analysis of the Use of Ethical Intuition in Legal Compliance Decisionmaking for Business Entities

This article challenges the widely held view in legal education and in practice that what lawyers should be doing in providing legal advice consists solely of engaging in legal research and analytic reasoning. This article suggests that ethical intuition — i.e., the unconscious recognition that a specific action is good, evil, or morally neutral — may have a useful role to play in making legal compliance decisions for business entities. Although largely ignored by the legal academy, scholars in numerous disciplines have acknowledged the role that intuition plays in decision making. Philosophers and religious scholars initially recognized the role of intuition in moral decision making centuries ago. Within the past few decades, neuroscientists have validated these theories through the use of various brain scan technologies, which show that humans often resort to intuition first when making moral decisions. Moral psychologists, behavioral economists, and other scholars have employed the work of neuroscientists to develop sophisticated models of moral decision making that better reflect how people behave when making moral decisions. This article argues that ethical intuition can provide insights into the foundations of law, assist in discovering the law, and help to protect business entities because intuition can give insight into the legal and extra-legal punishments that may be visited upon a business entity as a result of its legal compliance decisions. This is not to claim that legal research and analytic reasoning should play no role in making legal compliance decisions for business entities. Exhaustive legal research should be at the heart of any legal compliance decision. Lessons from philosophy, neuroscience, moral psychology, behavioral economics, however, demonstrate that a dual process approach that incorporates both intuition and analytic reason is best for considering issues relating to a business entity’s compliance with the law. This article argues for such a dual process model approach to legal decision making and offers various methods for incorporating intuition into the legal compliance decision making process