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Professional Commentary
27 Apr 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates examines the territorial dispute between the Philippines and China over Scarborough Shoal, an island between the two countries, and notes the ongoing involvement of the US in the Philippines during this dispute...April 27, 2012, marks the formal end date of the Balikatan … [read more]


Professional Commentary
24 Apr 2012

JURIST Guest Columnists Richard Kahlenberg, a senior fellow at The Century Foundation, and Moshe Marvit, a labor and employment discrimination lawyer, say that it is time to amend Title VII of the Civil Rights Act to include the individual's right to organize a union...I an earlier article, we proposed that … [read more]


Professional Commentary
23 Apr 2012

JURIST Guest Columnists Michael Bochenek, Director of Law & Policy for the International Secretariat of Amnesty International, and Kyle Knight, a Fulbright Scholar, say that Nepal's recognition of a third gender is an important fundamental right and the key to ensuring other fundamental rights for transgender individuals and those with … [read more]


Professional Commentary
23 Apr 2012

JURIST Guest Columnists Richard Kahlenberg, a senior fellow at The Century Foundation, and Moshe Marvit, a labor and employment discrimination lawyer, argue that it is time to amend Title VII of the Civil Rights Act to include the individual's right to organize a union...The National Labor Relations Act (NLRA) opens … [read more]


Academic Commentary
9 Apr 2012

JURIST Columnists Alan Brownstein and Vikram Amar, writing the third installment of the column authored by the faculty of the University of California, Davis School of Law, say that the recent protests at UC Davis provide a teachable moment on the limits of free speech in college protests...An unflinching commitment … [read more]


Professional Commentary
29 Mar 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates says that the impeachment of Philippine Chief Justice Renato Corona highlights the tension between the constitutional authority of the judiciary and the elected branches of government...While the outcome of the impeachment trial against Philippine Chief Justice Renato Corona is far from certain, … [read more]


Academic Commentary
29 Mar 2012

JURIST Columnist Charles C. Jalloh of the University of Pittsburgh School of Law says that the date set for the verdict in the Charles Taylor case by the Special Court for Sierra Leone is inappropriate given the fact that it coincides with an important date in Sierra Leone... On February … [read more]


Academic Commentary
23 Mar 2012

JURIST Columnist Lisa Pruitt, writing the second installment of the column authored by the faculty of the University of California, Davis School of Law, says that the recent UN conference on status of women failed to adequately address the realities of enforcing laws that affect women in rural areas...The Fifty-Sixth … [read more]


Academic Commentary
12 Mar 2012

JURIST Guest Columnist Chandra Sriram of the University of London, School of Oriental and African Studies, School of Law says that the ICJ should order Senegal to extradite former Chadian president Hissène Habré to Belgium to face prosecution for war crimes and crimes against humanity...Today the International Court of Justice … [read more]


Professional Commentary
7 Mar 2012

JURIST Guest Columnist Rafael Cox-Alomar, the Popular Democratic Party candidate for Resident Commissioner of Puerto Rico, argues that Congressman Pedro Pierluisi's recent JURIST article on the upcoming Puerto Rico status referendum fails to take into account another viable alternative to statehood that has greater support on the island and would … [read more]


Professional Commentary
2 Mar 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates, and Guest Columnist Ira Paulo Pozon of the Office of the Vice President of the Philippines, examine the application of the US doctrine of the "fruit of the poisonous tree" in the Philippines and its bearing in the violation of Philippines banking … [read more]


Academic Commentary
2 Mar 2012

JURIST Special Guest Columnist Andrea Prasow of Human Rights Watch says that one of the reasons Majid Khan was not tried in civilian court and was offered a plea deal by Guantanamo prosecutors was to prevent him from testifying on his mistreatment while in CIA custody... When Majid Khan entered … [read more]


Professional Commentary
29 Feb 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates, and Guest Columnist Ira Paulo Pozon of the Office of the Vice President of the Philippines, argue that the deliberative process privilege has been misapplied by Philippine courts to encompass officials beyond the executive branch and should not be applied in the … [read more]


Academic Commentary
27 Feb 2012

JURIST Columnist Haider Ala Hamoudi of the University of Pittsburgh School of Law says that the allegedly irregular criminal proceedings going on against Americans working for NGOs in Egypt and an Iraqi vice president appear ordinary to the members of the criminal justice systems of those countries...Two recent sets of … [read more]


Professional Commentary
25 Feb 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates argues that extraordinary times in the Philippines might require extraordinary constitutional interpretation in the impeachment trial of Chief Justice Renato Corona now before the Philippines Senate...Last Thursday, the presiding officer of the Philippine Senate sitting as the Impeachment Court, Senate President Juan … [read more]


Academic Commentary
23 Feb 2012

JURIST Columnist Charles Jalloh of the University of Pittsburgh School of Law says that the Special Court for Sierra Leone must set a date to release its ruling on the war crimes charges against former Liberian president Charles Taylor so that it can conclude its proceedings... The case against the … [read more]


Professional Commentary
17 Feb 2012

JURIST Guest Columnist Pedro Pierluisi, Resident Commissioner of Puerto Rico, representing the territory in the US House of Representatives, argues that the coming Puerto Rico status referendum is historic because it is the first to include only the viable status options and will be taken seriously by the federal government...In … [read more]


Professional Commentary
11 Feb 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates argues that the prosecutors in the impeachment of Philippine Chief Justice Renato Corona should look to recent and historical impeachment proceedings in the US as a model for the proceedings in the Philippine Senate...As the Philippines enters the fifth week of the … [read more]


Professional Commentary
6 Feb 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates argues that despite statements to the contrary from some officials, the article of impeachment against Philippine Chief Justice Renato Corona based on his failure to fully disclose his assets is not without precedent...Is a misdeclaration, in good or bad faith, of a … [read more]


Professional Commentary
6 Feb 2012

JURIST Columnist Edsel Tupaz and Guest Columnist Joan Martinez, both of Tupaz & Associates, argue that the stalled anti-corruption legislation before the Indian Parliament should do more to fight corruption, particularly by creating a more powerful ombudsman position to hold government officials accountable...While India today envisions a "strong" and "independent" … [read more]


Student Commentary
26 Jan 2012

JURIST Guest Columnist Joshua Hausman, University of Pittsburgh School of Law Class of 2012, is a Managing Editor for the University of Pittsburgh Law Review and is a Teaching Fellow in the Marshall-Brennan Constitutional Literacy Project. He discusses the Supreme Court's decision in United States v. Jones and its possible … [read more]


Professional Commentary
17 Jan 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates says that because there are no effective international legal remedies to Japanese security concerns regarding North Korea, the Japanese must again pursue diplomatic avenues that may prove more successful after the death of Kim Jong-il...In signature enigmatic fashion, North Korea shocked the … [read more]


Academic Commentary
16 Jan 2012

JURIST Columnist Charles Jalloh of the University of Pittsburgh School of Law says that Léon Mugesera, who allegedly incited genocide in Rwanda and subsequently obtained asylum in Canada, must finally be deported to Rwanda to face trial for his role in the 1994 genocide... Léon Mugesera, the Rwandan refugee in … [read more]


Professional Commentary
15 Jan 2012

JURIST Columnist Edsel Tupaz of Tupaz & Associates, and former clerk to former Philippines Chief Justice Hilario Davide, says that through Davide's efforts, the Philippines has made great strides toward enhancing the rule of law in the country which were vital to the successful creation of an emerging liberal democracy...Although … [read more]


Professional Commentary
14 Jan 2012

JURIST Guest Columnist Rizwan Hussain, Advocate High Courts of Pakistan, argues that the lack of international arbitration in Pakistan is not due to judicial bias, but rather due to an independent legal analysis without the influence of outside bodies or organizations...It is of significant importance for the judiciary of a … [read more]

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