A Collaboration with the University of Pittsburgh
October 2017
by David M. Crane

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses the repercussions of certain UN member states' use of force on a fellow member state...Within the United Nations paradigm, state-parties settle their disputes peacefully and only resort to the use of force as a last measure. Several weeks ago four state-parties skipped the first step and …

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by Perfecto Caparas

JURIST Guest Columnist Perfecto Caparas of the Indiana University Robert H. McKinney School of Law discusses how Philippine President Rodrigo Duterte could face prosecution under international law... In the face of charges of ordering and condoning the murder of thousands of civilians by the Philippine National Police, President Rodrigo Duterte boasts that he is immune from suit. A former prosecutor …

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by L. Ali Khan

JURIST Guest Columnist L. Ali Khan of the Washburn University School of Law discusses the battle over public education funding in Kansas... Since 2010, Kansas has been litigating the funding of K-12 public education. The Kansas Supreme Court has rendered four decisions repeatedly instructing the state legislature to provide adequate and equitable funding for Kansas public schools. In its latest …

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by Robert Delahunty

JURIST Guest Columnists John Radsan of the Mitchell Hamline School of Law and Robert Delahunty of the University of St. Thomas School of Law discuss how President Trump can use the recent devastating hurricanes to make a national security argument to fight climate change... The hurricanes Harvey, Irma, and Maria, like the missiles of October 1962 and the hijacked airplanes …

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by Louis Rene Beres

JURIST Guest Columnist Louis René Beres of Purdue University, critically analyzes Trump's "America First" foreign policy... Instead of exchanging corrosive epithets with Kim Jung Un, President Trump should focus on creating a better understanding of the North Korean dictator's personal pattern of crisis decision. This would best be accomplished by more express thinking along the traditional medical science orientations of …

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September 2017
by Andrew Wright

JURIST Guest Columnist Andrew Wright of the Savannah Law School discusses President Trump's newly revised travel ban...On September 24th, President Donald Trump issued a presidential proclamation revising the entry suspensions and restrictions outlined in Executive Order 13780, issued March 6, 2017. The March 6 E.O. replaced the original chaos-inducing travel ban instituted by Executive Order 13769 on January 27, 2017. …

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by Glenn Smith

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the legal issues surrounding DACA... In explaining why President Trump was rescinding his predecessor's DACA ("Deferred Action for Childhood Arrivals") program — which provided two-year renewable protection from deportation, and rights to work and access limited social services, to 800,000-plus undocumented "dreamers" brought to America as …

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by Julie R. Colton

JURIST Guest Columnist Julie R. Colton of the University of Pittsburgh School of Law discusses how the newfound legalization of same-sex marriage can raise more questions than it answers, particularly with respect to common law marriage... Even though the U.S. Supreme Court ruled in Obergefell that bans on same-sex marriage are unconstitutional back in 2015, important issues surrounding same-sex marriage …

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by Pacifique Manirakiza

JURIST Guest Columnist Professor Pacifique Manirakiza of the University of Ottawa discusses the complexities behind investigations into the atrocities in Burundi and the need for a special tribunal to prosecute the crimes ... In April 2016, the International Criminal Court (ICC) Prosecutor Fatou Bensouda opened a preliminary examination focusing on the third term related atrocities in Burundi following President Pierre …

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August 2017
by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, critically analyzes Trump's "America First" foreign policy... "The existence of `system' in the world is at once obvious to every observer of nature....Each element of the cosmos is positively woven from all the others." — Pierre Teilhard de Chardin, The Phenomenon of Man The cumulative jurisprudential assets and liabilities of U.S. …

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by Louis René Beres

JURIST Guest Columnist Louis Rene Beres of Purdue University discusses President Trump's potentially problematic access to and control over America's nuclear arsenal, an issue relatively unaddressed amidst the constant discussion of Trump-related scandal... Strictly speaking, insanity is not a proper medical or psychiatric term, but rather a more-or-less acceptable legal description. Nonetheless, as a convenient shorthand for exploring mental illness …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of the Purdue University College of Liberal Arts discusses President Donald Trump's recent antics and how they will affect the potential for nuclear action...Increasingly, Donald Trump is showing palpable signs of debility. Most worrisome, in this sobering display, is the president's conspicuously proud disregard for science, history, diplomacy, intelligence, and jurisprudence. Less easily documented, …

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by David Crane

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses how President Trump is using the conflict with North Korea to divert attention from his own shortcomings...Tyrants need a war. Looking back over the past hundred years one finds that tyrants come to power in conflict and remains in power largely due to conflict. It centers …

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by Sarah A. Noe

JURIST Guest Columnists James G. Hodge, Jr. of the Sandra Day O'Connor College of Law, Arizona State University and Sarah A. Noe of the University of Pennsylvania Law School discuss the recent national call for a Presidential state of emergency in response to the opioid epidemic gripping the nation...On July 31, 2017 President Donald J. Trump's White House Commission on …

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July 2017
by Bradley Abramson

JURIST Guest Columnist Bradley Abramson of Alliance Defending Freedom, discusses the new ABA Model Rules and potential first amendment concerns ... The new ABA Model Rule 8.4(g) prohibits attorneys from engaging in "harmful," "derogatory," or "demeaning" speech in any activity "related to the practice of law," including "bar association, business or social activities." Proponents of the rule have advanced several …

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by Megan Fairlie

JURIST Guest Columnist Megan A. Fairlie of the Florida International University College of Law discusses the value of preserving an important, unsung hero of the State Department... Earlier this month, former State Department Deputy Beth van Schaack first reported on the planned closure of the State Department's Office of Global Criminal Justice ("GCJ"). The GCJ, historically led by an Ambassador-at-Large, …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, discusses the implications of Palestinian statehood under the rubric of International Law... "The first general law, which is to be found in the very end of the society of Nations, is that each Nation should contribute as far as it can to the happiness and advancement of other Nations." Emmerich de …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, in part two of this two part series, continues his discussion on how Higher Law supports the prospective impeachment of President Trump... II. What is to be done when positive law (which now includes US Constitutional law) is at variance with true law? The Romans had proposed a remedy. They incorporated …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, in part one of this two part series, discusses how Higher Law supports the prospective impeachment of President Trump... "The legality of the Constitution, its supremacy, and its claim to be worshipped alike find common standing ground on the belief in a law superior to the will of human governors." — …

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by David M. Crane

JURIST Guest Columnists, David M. Crane, of Syracuse University School of Law, and Richard Goldstone, former Justice of the Constitutional Court of South Africa, discuss the widespread implications of the US decision to close the Office of Global Criminal Justice...With the raspy barking of a US President in the background trying to "Make America Great Again," the world shrinks away …

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by Benjamin Davis

JURIST Guest Columnist Benjamin G. Davis of University of Toledo College of Law adapts Leo Amery's famous 1940 speech calling for the ousting of Prime Minister Neville Chamberlain for the age of Trump...May I say that I agree wholeheartedly with what just fell from the lips of the hon. Maxine Waters of California as to the responsibility of the Opposition …

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by L. Ali Khan

JURIST Guest Columnist L. Ali Khan of the Washburn University School of Law discusses the rationale behind some proposed changes to the ABA Model Rules of Professional Conduct... The American Bar Association (ABA) has proposed a model rule to discipline lawyers who in the practice of law harass or discriminate, by speech or conduct, on the basis of race, sex, …

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June 2017
by Julie A. Hill

JURIST Guest Columnist Julie A. Hill of The University of Alabama School of Law, discusses the Financial Choice Act and duplicative enforcement of financial regulations ... After the L.A. Times revealed that Wells Fargo employees opened millions of unauthorized consumer accounts, the bank faced multiple investigations and fines. The Consumer Financial Protection Bureau (CFPB) fined Wells Fargo a record $100 …

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by Benjamin Davis

JURIST Guest Columnist Benjamin G. Davis of University of Toledo College of Law discusses the effect the Supreme Court's recent decision to stay parts of President Trump's "Muslim ban" will have on vulnerable refugees...On June 26, 2017, the Supreme Court per curiam opinion granted the US Government's application to stay the "Muslim ban or not" injunctions to the extent that …

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by Mohamed Arafa

JURIST Guest Columnist Mohamed Arafa of Indiana University discusses the new French president, Emmanuel Macron's foreign policy in Muslim and Middle Eastern world ... Emmanuel Macron, a 39-year-old and the ex-minister of economics, is now the France's new president after crushing his bitter rival the far-right wing Marine Le Pen in the fight for the presidency and real democracy. This …

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Academic Commentary is JURIST's platform for legal academics, offering perspectives by law professors on national and international legal developments. JURIST Forum welcomes submissions (about 1000 words in length - no footnotes, please), inquiries and comments at academiccommentary@jurist.org

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