Editors’ note: Amid surging violence between Hamas and Israeli forces, JURIST is seeking perspectives from around the world. Neither this nor other commentaries in this series constitute JURIST editorial policy, nor do they necessarily reflect the opinions of the editorial team. The 21st century is marked by globalization and Americanization, with transnational law under US [...]
Search Results for: 2015-03-23
Gavin Newsom's Moral Imperative: Commute All of California's Death Sentences
With the stroke of his pen, California Governor Gavin Newsom could have a significant impact on the death penalty across the US. Though Newsom lacks the power to end capital punishment in California, he could take executive action to commute the sentences of the roughly 700 condemned awaiting execution in in the state—a death row figure [...]
Rule of Law Chronicles: In America, the Kids Are Not Alright
This article is the fourth in a series covering attacks on the rule of law. The rule of law is a political philosophy premised on the promise that all citizens, leaders, and institutions are accountable to the same laws, guaranteed through processes, practices, and norms that work together to support the equality of all citizens [...]
Explainer: A Closer Look at the Multiple Indictments Facing Former US President Donald Trump
Prior to Donald Trump, no US president — current or former — had ever been indicted. That all changed on April 4 when Manhattan District Attorney Alvin Bragg announced that a New York grand jury had indicted Trump on 34 criminal counts. Since then, he has been the subject of three additional criminal indictments. He [...]
The Impact of Stagnant Legal Aid Rates on Access to Justice in Australia
Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]
The Organization of American States’ (OAS) was presented with a crucial opportunity to reaffirm its commitment to democracy last month, as its Permanent Council turned its attention towards Haiti. The nation’s current crisis is one that is directly connected to the actions taken by members of its ruling Tèt Kale party (PHTK), which for the [...]
“…Ukraine is not just a neighbouring country for us. It is an inalienable part of our own history, culture and spiritual space. These are our comrades, those dearest to us – not only colleagues, friends and people who once served together, but also relatives, people bound by blood, family ties.” — Address by the President [...]
“The Worst Does Sometime Happen”: Avoiding a Nuclear War Over Ukraine
Abstract: Earlier, as part of Russia’s escalating aggression against Ukraine – an aggression that now includes armed attack on a nuclear power plant – President Vladimir Putin placed his nuclear forces on high alert. Correspondingly, the United States should now recalibrate how best to “play” the increasingly complex “games” of military nuclear strategy. Most worrisome, [...]
Law and Strategy after Afghanistan: The United States, Israel and Iran
Abstract: Following US withdrawal from Afghanistan, America’s security focus will turn more expressly to Iran. The core problem with America’s Afghanistan withdrawal was not one of timing or tactics, but of original misconception. In essence, the “Afghanistan Problem” stemmed from an initially underestimated and misunderstood military operation. Looking ahead, Afghanistan’s incoherent conclusion means, inter alia, [...]
The Human Rights Responsibilities of States as a Result of Climate Change
Introduction Recently, it has been reported that increasing numbers of people are dying because of heat waves and that climate change is making the phenomenon ‘longer, hotter, more likely and more dangerous’. Another report bluntly points out that the climate crisis can only create two classes: ‘those who can flee, and those who cannot’. It [...]