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Q: Legal Research Topic on Iraq - Potential Note Topic for Law Journal ( No Answer,   6 Comments )
Question  
Subject: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
Category: Reference, Education and News > Current Events
Asked by: eidel123-ga
List Price: $5.00
Posted: 23 Jan 2005 13:24 PST
Expires: 22 Feb 2005 13:24 PST
Question ID: 462095
Can anyone think of any good legal research topics on Iraq? I am
writing a note for law school and want to write about Iraq - but am
having a tough time thinking up a proper legal research topic.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: xcarlx-ga on 23 Jan 2005 14:23 PST
 
In the interim Iraqi constitution, which I don't know how valid or
relevent it is, I found this to be interesting:

(Article 22)
"If, in the course of his work, an official of any government office,
whether in the federal government, the regional governments, the
governorate and municipal administrations, or the local
administrations, deprives an individual or a group of the rights
guaranteed by this Law or any other Iraqi laws in force, this
individual or group shall have the right to maintain a cause of action
against that employee to seek compensation for the damages caused by
such deprivation, to vindicate his rights, and to seek any other legal
measure. If the court decides that the official had acted with a
sufficient degree of good faith and in the belief that his actions
were consistent with the law, then he is not required to pay
compensation."
http://www.foxnews.com/story/0,2933,113576,00.html

It sounds like you can sue an individual government employee for
violating the constitution (as opposed to filing a lawsuit against the
agency they work for, as is common in the US).  It also says "in the
course of his work," which sounds like "just doing my job" isn't an
excuse.  It seems to put a large burden of proof on the offending
employee compared to the US.
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: joey-ga on 23 Jan 2005 14:57 PST
 
You could talk about the changing definition of what constitutes
torture, for the purpose of suing a foreign government or its
officers.  The FSIA (Federal Sovereign Immunity Act) forbids a U.S.
citizen from suing a foreign government generally, except when that
government is on one of several lists as sponsors of terrorism, etc.,
and when there's some sort of cause of action like torture or battery
invovled.

How has this changed with the new definition of torture, and can Iraq
be sued for injustices received before it was taken off the terrorism
list?

Or, play with variations of this.  There's a lot of interesting case
law regarding how to use the FSIA with this type of situation.

--Joey (1L at UVA)
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: pafalafa-ga on 23 Jan 2005 17:16 PST
 
Give some thought to Saddam Hussein's legal defense.  He was
apparently not involved (recently, anyway) in the production of WMD's,
which was the pretext for the invasion of Iraq and Hussein's capture. 
Will this play a role in his defense strategy?
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: grthumongous-ga on 26 Jan 2005 18:06 PST
 
Boundaries of modern day Iraq;no state for Kurds in WW1 aftermath;
odious debts, where debts incurred by a dictator for
self-aggrandizement are not necessarily owed by the people of the
country after regime change;
balancing competing rights in a federal, multi-ethnic multi-faith state;
Was Kuwait really the nineteenth province of Iraq;women's rights in the new Iraq;
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: iniraq-ga on 18 Feb 2005 08:45 PST
 
There is no clear legal status for contractors working in iraq at the
moment.  Technically not mercenaries, there are security companys
better armed than some military that enagage insurgents on a regular
basis.  They cant be tried under the geneva convention, nor iraqi law.
 The only 'law' governing them is the law of money: Doing the wrong
thing too often could get you fired or a contract lost. Perhaps you
could find what laws might be applied to them.
Subject: Re: Legal Research Topic on Iraq - Potential Note Topic for Law Journal
From: mathtalk-ga on 18 Feb 2005 09:06 PST
 
I wonder what the status is of the criminal complaints brought against
Ahmad Chalabi in connection with the destruction of the old Iraqi
currency.  Chalabi seems to have survived his falling out with
American adminstration supporters,
and is one of the leading contenders " to gain a top job in the new
Shia-led government, and conceivably the prime ministership."

http://www.news.com.au/story/0,10117,12297303-401,00.html

regards, mathtalk-ga

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