March 22, 2017

I agree with Bagley: Indefinite Detention of Americans is Wrong.

Our laws promise access to “due process” and the courts, but at a time when enemies do not wear uniforms, follow a chain of command, can use our own technology and resources to surveil and attack, our multicultural population to hide, and our large and porous borders to infiltrate, the difficulty of providing security has increased dramatically.

Fighting the Nazis and the Japanese in World War II was bloody, but the enemy was clear. Knowing who the enemy is in the twenty-first century is a much more difficult task, especially when the enemy often lives and works among us, looks like us, and acts like us.

That doesn’t mean we quit following the Constitution and the Bill of Rights. [Cont…]

John Adams: From Boston to Guantanamo to DOMA

Michelle Mumford looks at the Defense of Marriage Act (“DOMA”) and its Defense in the context of the Honorable Monroe G. McKay, Senior Judge on the United States Tenth Circuit Court of Appeals, address to a group of young lawyers at the Utah State Bar’s annual Law Day luncheon on the theme of “The Legacy […]

When Jury met Google…

Image via CrunchBase GOOGLE + JURIES = PROBLEMS? Under the constitution, an “impartial jury” is guaranteed in criminal trials. However, with the advent of the internet, Google, and online social media, impartiality is becoming more questionable, and jurors are taking over their role as fact finders out of the court room and directly to online […]