American Nuclear Strategy: A Complex Problem of Law and Intellect
“In the end, we still depend upon creatures of our own making.” -Goethe, Faust On core matters of national security, American analysts should think in terms of intellectual and legal criteria. Ignoring the day-to-day banalities of national and international politics, these strategists and policy-makers ought continuously to bear in mind that such primary standards may [...]
JURIST EXCLUSIVE – A coalition of international legal advocates sent a joint letter Saturday to Professor Mary Lawlor, the UN Special Rapporteur on Human Rights Defenders, condemning the growing trend of government officials intimidating and endangering the legal representatives of politically controversial clients. They also called for greater protections to be granted to advocates, the [...]
Supreme Court declines to extend time period for counting Wisconsin mail-in votes
In a 5-3 decision on Monday, the US Supreme Court rejected requests to allow Wisconsin to maintain modifications to its election rules to extend the deadline for counting mail-in ballots received after Election Day. There was no one opinion agreed upon by the five justices ruling against the election modifications. Chief Justice John Roberts and [...]
In the present confirmation hearings, I would like someone to ask Judge Barrett a question left unanswered by Justice Scalia, her mentor: 1. What influence does the fact that many of the founders and framers were slave owners have on your originalist views? And then I would like to ask a follow-up: 2. What is [...]
Universal suffrage has long been accepted as the standard for enfranchisement in democracies, however full and equal participation is rarely the reality. One group in particular that is frequently excluded across jurisdictions is prisoners. Indian law provides for this exclusion in Section 62(5) of the Representation of the People Act, 1951. This exclusion has faced [...]
Law against 'encouraging' or 'inducing' unlawful immigration struck down
The US Court of Appeals for the Ninth Circuit on Tuesday struck down a federal law that prohibits “encouraging” or “inducing” unlawful immigration on First Amendment grounds. The court examined whether the law “permits a felony prosecution of any person who ‘encourages or induces an alien to come to, enter, or reside in the United [...]
On October 24, 2018, New York Attorney General Barbara Underwood sued Exxon for defrauding investors about the business risks of climate change. Of course, Exxon will probably deny that it committed fraud. But, in anticipation of this day, the oil giant has spent the last two years preparing a far more insidious legal defense: that its fraud is actually protected [...]
The South Africa Constitutional Court dismissed the Department of Environmental Affairs's (SADEA) appeal to maintain the moratorium on domestic trade of rhino horn on Wednesday. The moratorium was issued in 2009 under section 57(2) of the...
JURIST Guest Columnist Virginia Brown Keyder, the State University of New York at Binghamton, discusses IP laws in the US and EU... If any legal concepts may be said to characterize our age, intellectual property (IP) and secrecy would be...
Crossroads or a Curve: The Death Penalty and the 2016 Election
JURIST Guest Columnist Jeffrey L. Kirchmeier of CUNY School of Law discusses the death penalty and the 2016 election...Commentators will be debating the causes and impact of the outcome of the November 8, 2016 US presidential election for a long...
