A Collaboration with the University of Pittsburgh
May 2018
by Karla McKanders

JURIST Guest Columnist Karla McKanders of the Vanderbilt University Law School discusses a recent decision issued by the Attorney General and its implications on the judicial immigration process...Yesterday, in Matter of Castro-Tum, the Attorney General issued a decision unilaterally overturning two precedential immigration decisions; Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), Matter of W-Y-U-, 27 I&N Dec. 17 …

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by Ines Soumhi

JURIST Guest Columnist Inès Soumhi of Pitt Law, discusses the impact of European Law on the French Tax System... In January 2018, the French Parliament formalized - as part of the 2018 Finance Act - several tax changes likely to impact companies including the repeal of the 3% additional tax on redistributions from the French Tax Code. This suppression, estimated …

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by Irene Scharf

JURIST Guest Columnist, Irene Scharf, of the University of Massachusetts School of Law discusses how the "catch and remove" policies of the Immigration and Customs Enforcement violate the equal protection clause of the U.S. Constitution... In early April, the ACLU filed a lawsuit challenging recent arrests being conducted by Immigration and Customs Enforcement (ICE), a division of the Department of …

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April 2018
by Heidi Gilchrist

JURIST Guest Columnist Heidi Gilchrist of Brooklyn Law School discusses the fundamentality of higher education... As high school seniors across the country make their college decisions right now, I would like to raise awareness for higher education as a human right. Many high school graduates will get into the college of their dreams, but their families will be unable to …

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by Louis René Beres

"JURIST Guest Columnist Louis René Beres of Purdue University, discusses the War in Syria and the potential escalation of future global conflicts ...     "Where will it end? When will it all be lulled back into sleep, and cease, the bloody hatred, the destruction?" -Aeschylus (Oresteia), presenting the ending of Agamemnon               Currently, the Korean peninsula, Syria and the wider …

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by Chris Hoofnagle

JURIST Guest Columnist Chris Hoofnagle of Berkeley Law, discusses the policing of Facebook's privacy policies and FTC enforcement ... The Challenge of Policing Facebook Are our institutions up to the challenge of protecting users from information-age problems? This is the high-level question emerging from the Facebook-Cambridge Analytica debate. While on one hand Facebook and similarly-situated companies will pay some regulatory …

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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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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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