Outlawing Amnesty?

Lisa Laplante, in response to last month’s “question of the month,” priorities for the next president, blogged about the need provide accountability for torture.  I noticed that in her comments on a recent post on Opinio Juris, she wrote that “[t]he issue of amnesty could become one of the most contentious” in the debate about Bush Adminstration accountability for torture and other human rights violations.  She also linked to her timely article, “Outlawing Amnesty:  The Return of Criminal Justice in Transitional Justice Schemes,” which 

discusses the Barrios Altos case, a seminal decision issued by the Inter-American Court of Human Rights in 2001, that declared the amnesty laws promulgated in 1995 by former Peruvian president Alberto Fujimori to be contrary to international law. Recent scholarship has ignored this decision, or otherwise interpreted it overly narrowly, despite its potentially sweeping impact on the field of transitional justice. Thus, this article responds by offering a more in-depth understanding of the Barrios Altos decision in order to inform the ongoing academic debates on the evolving doctrine on amnesty in transitional justice schemes. It also shares the particular case study of Peru to show how international law directly impacts national transitional justice experiences. This article suggests that the truth v. justice dilemma may no longer exist: instead, criminal justice must be done.

The article is now on my reading list.  (The shorter one, the one with things I will probably actually get around to reading.)

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Marquette Legal Writing Professors Contribute to Column in Wisconsin Lawyer Magazine

Beginning with the current issue, the Wisconsin Lawyer magazine (a publication of the Wisconsin State Bar) will publish  a new column on legal writing.  The first contributor is the most experienced legal writing professor on the Marquette faculty, Jill Hayford.

As the magazine explains,

Through this new column, the legal writing faculty at Marquette University Law School and other contributors will help solve your vexing legal writing questions with practical guidance. 

Professor Hayford’s piece is entitled, “Style Books, Web Sites, and Podcasts:  A Lawyer’s Guide to the Guides,” and it offers up-to-the-minute information and advice about the available writing style manuals, websites, and pocasts for lawyers.  In a sidebar, the Wisconsin Lawyer invites questions or ideas for future columns about legal writing.  “Your question will be answered directly by the MU writing faculty and may appear in a future column.”  If you want to submit a question for the column via Wisconsin Lawyer, email wislawyer@wisbar.org, subject line:  legal writing.

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Unions, As Shareholders, Use Bailout to Push Executive Compenstion Reforms

Unionyes My labor and employment law colleague, Phoebe Williams, who also teaches business associations, brings to my attention the roles unions, as shareholders, are seeking to play in the current government bailout scheme.

According to the Risk and Governance Blog:

The Laborers’ International Union of North America and the International Brotherhood of Teamsters are filing new proposals that seek compensation reforms at companies that participate in the U.S. Treasury Department’s bailout program.

In the supporting statement for these 2009 resolutions, the labor funds argue that the pay restrictions in the Treasury’s Troubled Asset Relief Program (TARP) “fail to adequately address the serious shortcomings of many executive compensation plans.” Instead, the unions urge directors to adopt “more rigorous executive compensation reforms that we believe will significantly improve the pay-for-performance features of the Company’s plan and help restore investor confidence.”

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