dorf on law archive

How to Fight a “War on Terror” (Dorf on Law)

(Posted at Dorf on Law) On Monday, George Bush said that Gen. Musharraf is a “a strong fighter against extremists and radicals.” Is this the reason why? Appeal for support to lawyers and judges in Pakistan I am fortunate to be under house arrest while my colleagues are suffering. The Musharaf government has declared martial […]

“Emergency” as Institution Laundering (Dorf on Law)

Why insisting upon elections is not enough (Posted at Dorf on Law) UPDATE (11/9/2007): An updated version of this post appears as a column this week for New America Media. ** As the “emergency” extraconstitutional martial law regime of Pakistani dictator Pervez Musharraf enters its fifth day, more people in the United States have started […]

The Other Shoe Finally Drops (Dorf on Law)

(Posted at Dorf on Law) It looks like what has been feared since the spring has actually happened. Echoing the trigger that led to Indira Gandhi’s imposition of emergency in India more than thirty years ago, reports are emphasizing that President Gen. Pervez Musharraf’s imposition of a state of “emergency plus” in Pakistan has come […]

BREAKING NEWS: Chemerinsky to Serve As PM in Power-Sharing Accord With Musharraf (Dorf on Law)

(Posted at Dorf on Law) (Just kidding. But now that you’ve been lured into reading a post about Pakistan….) As I briefly noted last week, General Pervez Musharraf rather quickly dashed former Prime Minister Nawaz Sharif’s hopes of a triumphal homecoming last week. After throwing hundreds of leaders and other supporters from Sharif’s political party […]

Beyond the “Master Narrative” on Pakistan (Dorf on Law)

(Posted at Dorf on Law) UPDATE (9/10/07): SHARIF BANISHED (AGAIN) — Musharraf has apparently made Nawaz Sharif’s stay in Pakistan a brief one, openly defying last month’s Supreme Court order and expelling him to Saudi Arabia. (Would it more appropriately be characterized as rendering? Or “kidnapping”?) Some Pakistani bookies will feel vindicated, but what happened […]

Ironies in Immigrant Ireland (Dorf on Law)

(Posted at Dorf on Law) On Tuesday, the BBC Asian Network’s Sonia Deol conducted a remarkable interview with Leo Varadkar, an opposition member of the Irish parliament, on the recent decision by the Garda Síochána, the Irish national police, to ban a Sikh trainee from wearing his turban while on duty . Ireland, which for […]

Now We Are Six(ty) (Dorf on Law)

(Posted at Dorf on Law) In 1997, to mark the fiftieth anniversary of the independence of India and Pakistan, the House of Representatives passed a bipartisan resolution “congratulat[ing] the people of India and Pakistan on the occasion” and “look[ing] forward to broadening and deepening United States cooperation with Pakistan and India in the years ahead […]

Fearing Too Much Democracy (Dorf on Law)

(Posted at Dorf on Law) A few days ago, Mike posed the following question regarding Pakistan: Is it possible to support the pro-democracy forces without risking the replacement of an autocratic but friendly regime with a fanatical hostile one? My own initial reaction was that intense fear of that prospect, which Mike described as “terrifying,” […]

Cheney v. Chaudhry? (Dorf on Law)

(Posted at Dorf on Law) Vice President Cheney has been all over the news this week. First, Cheney made headlines for his claim that he need not comply with rules requiring all executive branch entities to report to an oversight office in the National Archives on how they handle classified information because the Office of […]

Legal Wonders of the World (Dorf on Law)

(Posted at Dorf on Law) Our colleague, Diane Marie Amann, draws our attention to, and invites our nominations for, an interesting contest that she and her co-bloggers at IntLawGrrls are conducting to name the “Seven Legal Wonders of the World.” Here’s Diane’s description of the contest and its inspiration: A contest launched 6 years ago […]

Musharraf v. New York Times, Dawn, Aaj TV, Geo TV, Oxford Univ. Press, et al. (Dorf on Law)

(Posted at Dorf on Law) UPDATE (6/7/2007): An updated and more complete discussion of the issues in this post may be found in my column for AsiaMedia on Wednesday. ** A couple of weeks ago, in response to a New York Times editorial critical of continued U.S. support for General Pervez Musharraf, Pakistan’s U.N. ambassador, […]

Bargaining With Oneself? (Dorf on Law)

(Posted at Dorf on Law) This week, the Senate began debate over a massive immigration reform bill cobbled together by a bipartisan group of senators and the Bush administration, a compromise proposal that Arlen Specter has extravagantly dubbed the “grand bargain.” As rumored several weeks ago, the bill includes a set of initiatives (apparently included […]

The Looming Clouds of Emergency? (Dorf on Law)

UPDATE: An updated discussion of the issues in this post may be found in my column for AsiaMedia on May 18, 2007. ** (Posted at Dorf on Law) It’s been an eventful week in Pakistan. A recap for folks who get most of their news from American media outlets may have missed it: In a […]

The Visa “Loophole” and the Pakistani Penalty (Dorf on Law)

(Posted at Dorf on Law) According to the New York Times, U.S. officials are concerned about what the Times calls a “visa loophole“: the ability to enter the United States as a short-term, temporary visitor without a visa. The headline does not make clear precisely what the supposed “loophole” is. If the Times means to […]

Devaluing Immigrant Families (Dorf on Law)

(Posted at Dorf on Law) On the heels of increasing discussion of whether its erstwhile (given his recent defeat in the first “money primary”) presidential frontrunner is sufficiently conservative to win the Republican nomination [one, two], the erstwhile party of family values is apparently about to unveil its latest proposal for comprehensive immigration reform. While […]

Pakistan’s “Internal Matter” (Dorf on Law)

(Posted at Dorf on Law) The crisis in Pakistan over General Pervez Musharraf’s “suspension” of the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, has only deepened since Mike first posted about it earlier this week, but it continues to garner surprisingly little news coverage in the United States. Musharraf has still offered no details of […]

Indian “Apartheid,” Hidden in Plain View (Dorf on Law)

(posted at Dorf on Law) Ten years ago this month, South Africa’s post-apartheid constitution went into effect, laying the foundation for the establishment of a non-racial democracy with a mandate to overcome the effects of decades of institutionalized inequality. The new South African charter has been widely heralded as among the world’s most progressive, entrenching […]

Is Yoga Unconstitutional? (Dorf on Law)

(posted at Dorf on Law) Earlier this week, Somini Sengupta reported in the New York Times on the controversy in the Indian state of Madhya Pradesh over an initiative by the BJP-led state government to conduct a mass yoga program in the schools. The program has caused opposition by some Muslim and Christian groups, who […]

Oh, Brother (Dorf on Law)

(posted at Dorf on Law) Time for a break from these trivial conversations about supposed Asian invasions, supposed Muslim invasions, intimidation (by government officials) of white shoe lawyers, intimidation (of potential jurors) by white shoe lawyers, Canadian parliamentary maneuvering, New York legislative non-maneuvering. Enough with all of this frivolity, already — it’s time to talk […]