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Fear, Legal Indeterminacy, and the American Lawyering Culture

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Title: Fear, Legal Indeterminacy, and the American Lawyering Culture
Author: Hatfield, Michael
Abstract: On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal," and to be aware of their own extra-legal biases when interpreting the law.
Related Resources: Click to follow Hein Online link Click to follow Lexis link Click to follow Westlaw link Click to follow SSRN link
Date: 2006

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