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The Supreme Court Goes to War

The conduct of war in the modern era has been a complicated matter. But in the 21st century, at a time when the United States is engaged in the longest war in its history, unprecedented changes have been introduced that involve major increases in that complexity. A new regimen of legal and judicial restrictions has been imposed on the military forces that are engaged in combat operations necessary for the national defense. This has raised a host of questions and practical problems that affect all three branches of the federal government.

#BTEditorial - Disbarment - not punishment but restoring the bar s character

Benjamin Cardozo, a great justice of the US Supreme Court, averred that for lawyers, “membership of the bar is a privilege burdened with conditions. A fair private and professional character is one of them”.This was his answer in the case of a crooked lawyer named Jacob Rouss who, after turning State’s witness and receiving immunity from prosecution for his part in a bid to obstruct justice over a bribery scheme, appealed against his later disbarment.Cardozo, then a New York Appeals Court judge in 1917, further said: “Compliance with that condition is essential at the moment of admission; but it is equally essential afterwards. Whenever the condition is broken; the privilege is lost.”Cardozo reached back in time and beyond the sea for support in his view that disbarment was not retribution. He went back to Lord Mansfield, the English jurist who famously ruled that slavery was illegal in England of 1772, a full six decades before Emancipation.“The question is,” said Mansfi

Mansfield and ending slavery in England | Maryland Daily Record

Mansfield and ending slavery in England | Maryland Daily Record
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