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INTRODUCTION The Ninth Circuit granted a petition for review of the Board of Immigration Appeals's ("BIA") decision to deny a deferral of removal under the Convention Against Torture ("CAT"). (1) [...]

In 1990, the United States ratified the Convention Against Torture (CAT), codifying a global commitment to refrain from transferring any person to a country where she may face torture. While [...]

I. INTRODUCTION 77 II. NON-REFOULEMENT OBLIGATION 77 III. AGREEING ON FACTS 82 IV. AGREEING ON JURISDICTION 87 IV. NORMATIVE CONFLICT 98 V. CONCLUSION 106 I. INTRODUCTION Over the past few [...]

INTRODUCTION As far as international legal questions go, torture is an easy one. The prohibition of torture is one of the least controversial aspects of international human rights law and, [...]

Under international law, the United States is obligated to criminalize acts of torture and cruel, inhuman, or degrading treatment. However, the federal criminal torture laws employ several terms whose meanings [...]

ABSTRACT This Article draws upon recent social psychological research to demonstrate the psychological difficulty of distinguishing between torture and enhanced interrogation. We critique the accuracy of evaluations made under the [...]

INTRODUCTION Some truths are inconvenient; some are stranger than fiction. This one might be characterized as both. (1) This is the true story of how, in the months following the [...]

NOTE CONTENTS INTRODUCTION I. THE LAW'S LATITUDE: SEPTEMBER 11, 2001 TO THE PRESENT A. Law and Interrogation: The Central Intelligence Agency The Torture Statute 2. The Fifth Amendment 3. Hamdan [...], Conventional wisdom states that recent U.S. authorization of coercive interrogation techniques, and the legal decisions that sanctioned them, constitute a dramatic break with the past. This is false. U.S. interrogation policy well prior to 9/11 has allowed a great deal more flexibility than the high-minded legal prohibitions of coercive tactics would suggest: all interrogation methods allegedly authorized since 9/11, with the possible exception of waterboarding, have been authorized before. The conventional wisdom thus elides an intrinsic characteristic of all former and current laws on interrogation: they are vague and contestable, and thus, when context so demands, manipulable.

A student related to me that she had a conversation with a Nigerian, male friend in which she told him that she was very excited that her professor was writing [...]