A Collaboration with the University of Pittsburgh
April 2018
by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, discusses the recent US bombing in Syria... Nullum crimen sine poena, "No crime without a punishment." (Ancient principle of law reaffirmed at the Nuremberg Trials) For the most part, a military response to the recent Syrian chemical attacks at Douma was obligatory under the authoritative international law. The system of world …

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by Sarah Wetter

JURIST Guest Columnists, Sarah Wetter and James G. Hodge, Jr. of the Sandra Day O'Connor College of Law, Arizona State University, discuss preemptive legal schemes that deprive states and localities of opportunities to implement efficacious interventions to advance public health... The constitutional legal doctrine of preemption refers to how state or local laws may be invalidated expressly or impliedly by …

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by Louis Beres

JURIST Guest Columnist Louis René Beres of Purdue University, discusses the implications of a hasty withdrawl from Syria... President Donald Trump recently announced his intention to get out of Syria, "very soon." The president's stated intention here could soon run starkly counter to this country's urgent obligations under binding international law. Moreover, because these important obligations have already been "incorporated" …

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March 2018
by Uché Ewelukwa Ofodile

JURIST Guest Columnist Uché Ewelukwa Ofodile of University of Arkansas School of Law discusses intellectual property rights of graffiti artists given the changing dynamics in the legal landscape and concepts of nontraditional art... Introduction It was known as 5Pointz but frequently referred to as the "United Nations of Graffiti." It was a five-story former factory complex in the Queens borough …

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by Dennis J. Ventry

JURIST Guest Columnist Dennis J. Ventry, Jr., of the University of California Davis School of Law (UC Davis School of Law) discusses how a recent Supreme Court decision on whistleblower laws ultimately undermines the corporations they are meant to protect... In Digital Realty Trust Inc. v. Somers, the U.S. Supreme Court voted 9-0 to narrow the definition of "whistleblower" …

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by Benjamin G. Davis

JUIRST Guest Columnist Benjamin G. Davis of the University of Toledo College of Law discusses the potential implications of Gina Haspel as CIA Director Designate....I. Ah, if the Obama Administration had only followed my advice! November 15, 2016, after teaching class in Toledo, I had driven overnight from Toledo with a student, Victor Aberdeen, and arrived just in time to …

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by Louis Rene Benes

JURIST Guest Columnist Louis René Beres of Purdue University discusses the true nature of President Donald Trump's relationship with Russian President Vladimir Putin... "I like chaos." — United States President Donald Trump, March 4, 2018 Credo quia absurdum. "I believe because it is absurd." In the very best case scenario, President Donald Trump is "merely" incompetent, fundamentally incapable of meeting …

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by Lauren A. Rousseau

JURIST Guest Columnist Lauren A. Rousseau of the Western Michigan University Cooley Law School discusses the impact that the onslaught of litigation against the pharmaceutical industry could have on the opioid epidemic...According to the federal Centers for Disease Control, over 63,600 people died of drug overdose in the United States in 2016 - an average of 174 deaths per day. …

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February 2018
by Charles I. M. Lugosi

JURIST Guest Columnist, Dr. Charles I. M. Lugosi, J.D. LL.M. M.B.E. S.J.D. Counsel at the law firm of Crease Harman, LLP, discusses the jury controversy resulting from the trial of Gerald Stanley ... Speaking in my personal capacity as a lawyer who acted both as a prosecutor and as defence counsel, I am appalled at the brazen irresponsible conduct of …

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by James G. Hodge

JURIST Guest Columnists James G. Hodge, Jr., Jennifer Piatt, Sarah Wetter, and Alexandra Hess of the Sandra Day O'Connor College of Law, Arizona State University discuss the recent reversal of long-standing guidance from the Obama Administration on federal marijuana enforcement... On January 4, 2018, U.S. Attorney General Jeff Sessions issued a Department of Justice (DOJ) Memorandum announcing the immediate rescission …

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by Bruce Ledewitz

JUIRST Guest Columnist Bruce Ledewitz discusses the potential implications of courts taking a stand on gerrymandering....The unseemly haste of the recently elected Democratic Party majority on the Pennsylvania Supreme Court has undermined the impact of a path breaking decision to void Pennsylvania's current congressional district map as an unconstitutional political gerrymander under the State Constitution. The four votes in favor …

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by L. Ali Khan

JURIST Guest Columnist L. Ali Khan of the Washburn University School of Law discusses troubling recent trends in the Pakistani Supreme Court... Judicial activism is a milder label to express what the Pakistan Supreme Court has done over the decades to frame the national constitutional jurisprudence. Since the 1950s, the Court has validated several military coups that overthrew elected governments. …

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by Uche Ewelukwa

JURIST Guest Columnist Uché Ewelukwa of the University of Arkansas School of Law, discusses the dynamic landscape of trade secret law in a multi-part series. In part 2, she discusses the Defend Trade Secrets Act of 2016 ... Introduction Signed into law on May 11, 2016, the Defend Trade Secrets Act of 2016 ("DTSA") creates a new federal private right …

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by Uche Ewelukwa

JURIST Guest Columnist Uché Ewelukwa of the University of Arkansas School of Law, discusses the dynamic landscape of trade secret law in a multi-part series. In part 1, she introduces current legal trends in trade secrets ... Introduction 2018 is already proving to be a busy year for trade secret owners, for attorneys that prosecute trade secrets misappropriation cases …

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by Wendy K. Mariner

JURIST Guest Columnist Wendy K. Mariner of Boston University School of Law discusses the Trump Administration's recent issued guidance that will allow states to include employment as a requirement for Medicaid enrollment... On January 11, 2018, the Centers for Medicare and Medicaid (CMS) sparked immediate controversy by announcing new policy for states seeking §1115 Medicaid waivers. For the first …

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by Ruqaiijah Yearby

JURIST Guest Columnist Ruqaiijah Yearby of Case Western Reserve University School of Law discusses the legality of a work requirement for Medicaid eligibility and the impact this will have on poverty . . . On November 15, 2017, the Institute for Policy Studies issued a report noting that the three richest people in the United States (Jeff Bezos, Warren …

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January 2018
by Dionne Koller

JURIST Guest Columnist Dionne Koller of the University of Baltimore School of Law, discusses the Nassar sexual abuse scandal and the potential for regulation of "sports medicine" ... Sexual abuse of young athletes has been a persistent problem in Olympic and amateur sports. Most recently, hundreds of allegations surfaced against Dr. Larry Nassar, a team physician for Michigan State University …

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by Christina Jones-Pauly

JURIST Guest Columnist Chris Jones-Pauly discusses the misunderstandings regarding the indigenous laws of South Sudan in the context of transitional justice. In December 2013 South Sudan exploded into civil war, three years after the South's secession. The initial protagonists are Kiir, a Warrap Dinka, and Machar, a Nuer of Unity state. They signed the Agreement on the Resolution of the …

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by William Araiza

JURIST Guest Columnist William D. Araiza of the Brooklyn Law School discusses the lawsuit filed by Paul Manafort against Robert Mueller and the Department of Justice... Paul Manafort's recent lawsuit challenging the legality of his indictment by Special Prosecutor Robert Mueller raises a set of intriguing questions--not least about his attorney's litigation choices. The lawsuit is likely to take its …

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December 2017
by Alireza Ranjbar

JURIST Guest Columnist Alireza Ranjbar of the Iranian Association for UN Studies discusses approaches to Iran's ballistic missile program under international law... Before and after his election as president, Donald Trump has threatened the 2015 Joint Comprehensive Plan of Action (JCPOA) limiting Iran's ballistic missile ambitions. President Trump has also been trying to challenge and demote the achievements of that …

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by Allen Rostron

JURIST Guest Columnist Allen Rostron of the University of Missouri-Kansas City School of Law discusses policy and constitutional concerns about the Concealed Carry Reciprocity Act, which would expand the right to carry concealed guns outside one's home state...For years, liberals and conservatives have argued about how to strike the ideal balance between federal and state authority. While liberals have generally …

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by Julia Selman Ayetey

JURIST Guest Columnist Julia Selman Ayetey of McGill University discusses the UK Space Industry Bill... The global space market was valued at $329 billion in 2016 and private sub-orbital flights and launches of small satellites alone are anticipated to be worth £25 billion pounds over the next 20 years. It is therefore unsurprising that the UK seeks to become a …

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by Jeffrey L. Kirchmeier

JURIST Guest Columnist Jeffrey L. Kirchmeier of City University of New York School of Law discusses diminished capacity standards in recent capital punishment cases... The United States Supreme Court in Dunn v. Madison recently considered whether or not a death row prisoner is competent to be executed if due to mental incapacity the prisoner cannot remember the crime. …

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November 2017
by Michael Krauss

JURIST Guest Columnist Michael Krauss of the George Mason University Antonin Scalia Law School discusses the "crime fraud exception" to attorney-client privilege and how it applies to the recent situation with Paul Manafort and Robert Mueller...The attorney-client privilege is a common law privilege against testifying about the content of confidential communications between clients and their attorneys, made for the purpose …

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by Uché Ewelukwa Ofodile

JURIST Guest Columnist Professor Uché Ewelukwa Ofodile of the University of Arkansas School of Law discusses answers to questions about Arkansas' new right of publicity legislation ... The right of publicity is the right to control the commercial use of one's identity. Over the years, a growing number of celebrities, athletes and sports personalities have brought lawsuits to enforce their …

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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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