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December 15, 2012
The Citizen's Right to the Truth on Torture: Calling out the Torture Apologists For Their Day of Reckoning

By Benjamin G. Davis, Associate Professor of Law University of Toledo College of Law No need to go to Zero Dark Thirty – propaganda for torture – just go back to the real photos like the one above of a real person being tortured from Abu Ghraib and see…

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December 14, 2012
The Buck Stops With the Citizen: The Devastating On So Many Levels Senate Intelligence Committee Report on Torture Out Yesterday

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law The 6,000-page document, which was not released to the public, was adopted by Democrats over the objections of most of the committee’s Republicans. The outcome reflects the level of partisan…

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December 13, 2012
Bringing Light to the Mushroom Theory of Governance: The Citizen's Right to the Truth

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law I.  Bringing Light To the Mushroom Theory of Governance – European Court of Human Rights, December 13, 2012 description of US process in the Al-Masri case “2. Legal action in…

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December 10, 2012
(Updated 12/11) Boycott Zero Dark Thirty: Torture by "People like us" is Torture

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law  (update 12/11 – warisacrime.org has started a boycott campaign that can be seen at their website – here is their redone photo taken from a screenshot of Zero Dark Thirty))…

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December 4, 2012
DOMA and the States' Rights Trap

By Jackie Gardina When my spouse and I drove cross-country, our marriage blinked on and off like a traffic light as we crossed state borders. We were married in Vermont and New York but not Pennsylvania, Ohio or Indiana. We had a civil union in…

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November 29, 2012
Overlooked Republican Victories

By Jackie Gardina The post-election narrative has focused primarily on the federal elections and how the Republicans failed to retake the White House and lost seats in both the House and the Senate. To be sure, the federal elections were critical to the continued recognition of…

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November 20, 2012
Exploring the intersections among race, class, disabilities and women in academia

By Hope Lewis We’ve heard it before – women, people of color, poor or working-class people, migrants, persons with disabilities – presumed incompetent until they “prove” themselves to the powers-that-be or their mainstream peers. This is no less true in the rarified atmosphere of academia. Tenure-track…

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November 20, 2012
Enslaved Women in America

By Hope Lewis Daina Ramey Berry, Ph.D., Associate Professor of History at the University of Texas, Austin, and Deleso A. Alford, Associate Professor of Law at Florida A&M University College of Law, have co-edited what looks to be a groundbreaking new collection of essays on…

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November 14, 2012
Make Obama Do It

By Marjorie Cohn and Jeanne Mirer President Obama declared in his victory address on election night, “Democracy in a nation of 300 million can be noisy and messy and complicated . . . We want our children to live in an America that isn’t burdened by debt, that isn’t weakened by inequality, that isn’t threatened by the destructive power of a warming planet.” Those were powerful words. But they must be followed with action. When he thanked his campaign workers, the former community organizer spoke emotionally from the heart. He ran an incredible grassroots campaign, which must now be turned into a movement to work with Occupy and other progressive groups to effect real change. Glenn Greenwald warned in The Guardian that progressives are bound to be disappointed again in Obama because we will be under pressure to conform when our demand that he not agree to cut Social Security or Medicare as part of a “grand bargain” does not succeed. But recall that in 1940, the great labor leader A. Philip Randolph prevailed upon FDR to improve the conditions of blacks and workers. The President responded, “I agree with everything you have said. Now make me do it.” It is up to us to make Obama do it.  How we get the President to do the right things are the challenges we face. What we do know is that those who mobilized to defeat Romney and Ryan should not demobilize.   Those progressive constituencies that supported the President must come together to speak with one voice on key issues. During the presidential election, many progressives were hesitant to vote for Barack Obama. They could not forget that he bailed out the huge banks with no accountability for the white-collar criminals who wreaked so much havoc on our economy while at the same time providing no relief for those whose homes were being foreclosed. Nor could they countenance Obama’s use of drones to summarily execute untold numbers of people, including many civilians.  Progressives were upset that Obama failed to close Guantanamo, continuing to hold many people in indefinite detention without criminal charges. We were outraged that the President wanted to look forward and not hold any of those who authorized and committed torture accountable.  He neglected to mention poverty during the campaign, despite the fact that 42.6 million people live below the poverty line in the United States. Obama also deported record numbers of undocumented immigrants and continued the Bush policy of warrantless eavesdropping. Before the election, Marjorie Cohn joined Daniel Ellsberg, Cornel West, Frances Fox Piven, Barbara Ehrenreich, Jim Hightower, Norman Solomon and Jeff Cohen in issuing a call to progressive voters who were conflicted to ensure that we make defeating Romney a priority: “If you live in a close state, defeat Romney and his right-wing policies by voting Obama/Biden. If you live in a state where the outcome will be lopsided, you’re in a position to send a loud and clear vote of protest against Obama policies you oppose.” We “consistently challenged Obama policies (on civil liberties, war and bloated military spending, environment, potential cuts to Social Security and Medicare, to name a few)” but we knew “that the policies of a Romney/Ryan administration would be worse on many issues and better on none. Consider Romney’s recent vow to ‘change course’ toward even more war-mongering in the Middle East. Or their profound differences on abortion rights and Supreme Court picks.” The rest is history. President Obama was reelected handily, the only Democrat besides Franklin D. Roosevelt to win two terms with a majority of the popular vote. Women, gays, African-Americans, Asian-Americans, Latinos, youth, and poor people understood the greater dangers of a Romney presidency. Obama prevailed in eight of the nine swing states. Although efforts to suppress the vote in communities of color in those swing states backfired, we know voter suppression is very real. Karl Rove & Co. used millions of dollars thanks to Citizens United to defeat Obama; luckily those dollars turned out to be ill-spent - on ads and not a comparable “ground game.”  

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November 9, 2012
America's Accountability Deficit: Obama Should Address The American Spinelessness on Racism, Torture, Military Commissions and our Aggressive War in Iraq

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law In his acceptance speech after the November 6, 2012 election in Chicago in front of a thrilled crowd, an America finally through with the exhausting election process, and a world…

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November 6, 2012
Model Rule 6.1: A Lawyer’s Duty to Increase Access to Justice

By SpearIt The American Bar Association’s Model Rule of Professional Responsibility 6.1 states: “Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.”…

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October 30, 2012
Going to Gitmo 12/3-12/7, 2012 – Seeking Questions

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law Last summer I was designated an observer by the Office of Military Commission of the Department of Defense so that I can observe the Military Commissions at Gitmo.  If the hearings are not rescheduled,…

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October 25, 2012
Census Racial Categories and the Latino “Culture” of Black Invisibility

By Tanya K. Hernández On October 25-26, 2012, the newly constituted U.S. Census Bureau National Advisory Committee on Racial, Ethnic and Other Populations will be holding its first meeting in its role of assisting the Census Bureau in producing more accurate statistics about our diverse…

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October 18, 2012
(Update 10/18) 9/11 military commission motions hearing this week: When does or does double jeopardy attach?

By Benjamin G Davis, Associate Professor of Law,  University of Toledo  College of Law (Update 10/18 – app wrote a out the Ehren Watada court martial below. Today met the military judge who had heard that case. Also, next building over was a motions hearing in the Private…

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October 14, 2012
Has World War III started?

By Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law On September 17, 2012 the Daily Show host Jon Stewart interviewed former UN Secretary General Kofi Annan on his new book “Interventions” (http://www.thedailyshow.com/full-episodes/mon-september-17-2012-kofi-annan).  Watching Annan reminded me of a moment during his term as…

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October 11, 2012
Pennsylvania Law Professors Take Action on the Right to Vote

By Beth Lyon Republican state congressional majorities around the country have passed laws requiring voters to present government-issued photo identification. Although voter identification statutes are not vote-suppressive in other contexts, for example in Europe, these are settings where national photo identification is the law. Lacking…

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October 10, 2012
Questions about East Saint Louis Curfew

by SpearIt Last week, East St. Louis Mayor Alvin Parks Jr. announced an executive emergency curfew on those 17 years old and under, which, among other restrictions, will have police arrest and jail juveniles between the hours of 8 a.m. and 3:30 p.m. as well as…

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October 9, 2012
The Fisher v. Texas Oral Argument and a View of Affirmative Action from the Other Side of the Americas

by Tanya K. Hernandez The October 10, 2012, Supreme Court argument in the Fisher v. Texas affirmative action case marks a peculiar turning point in the racial history of the United States and its inspiration in worldwide civil rights movements.  Just as the United States Supreme…

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October 8, 2012
Using Race in Admissions

by Michael M. Rooke-Ley At a time when students of color remain tragically underrepresented in our colleges and universities and when the disparity of wealth among Americans has reached unconscionable levels, educators must be afforded every opportunity to create learning environments that reflect the extraordinary and invaluable diversity…

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October 6, 2012
Letter Honoring Derrick Bell

AN OPEN LETTER FROM LAW PROFESSORS AND LAWYERS IN SUPPORT OF PROFESSOR DERRICK BELL March 28, 2012 As lawyers and law professors whose work and lives have been enriched by the late Professor Derrick A. Bell, Jr., we add our voices to the many who have paid…

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