Faculty Commentary

A hot afternoon, a stifling café, the hum of talk around us. A companion nodded toward a woman nearby and asked me: “Who comes to a café wearing skin-tight leggings and carrying an aggressively feminine fake Gucci bag? It doesn’t match, does it, Malek? There’s something aesthetically incoherent about the whole composition — something excessive, [...]

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Judges pictured during a trial against leading Nazi figures in Nuremburg, 1945 // Ray D'Addario // Public Domain

The United States once stood as the principal architect of modern international criminal justice, from Nuremberg and Tokyo to the ad hoc tribunals for Yugoslavia and Rwanda, the Special Court for Sierra Leone, and the Extraordinary Chambers in the Courts of Cambodia. Today, however, it finds itself in the disquieting position of actively undermining the [...]

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Berkeley Law recently announced a new artificial intelligence policy that, absent a professor’s decision to opt out, bans almost all AI use in students’ coursework and exams. Other law schools may soon follow suit. These bans teach the wrong lesson and should not become the standard policy at law schools. Berkeley’s policy explicitly recognizes that [...]

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The International Olympic Committee’s provisional reinstatement of the Russian Olympic Committee is not a procedural footnote. It is a capitulation. By clearing the way for ROC athletes to compete at the 2028 Los Angeles Games, the IOC has once again chosen accommodation over principle — and in doing so, it has repeated one of the [...]

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As debates over gender-affirming care intensify across many countries, lawmakers, physicians and human rights advocates risk becoming trapped in the wrong question. Public discussion often revolves around whether there is enough evidence to justify treatment, as though medicine can proceed only once certainty has been achieved. But as a physician, I know that certainty is [...]

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Having previously argued that the Alaska Supreme Court was right to reject a “good faith” test for ballot access, Professor Mark Brown of Capital University School of Law returns to a new front: a Justice Department threatening prosecution over the very same candidacy. An opinion piece in the Wall Street Journal this week argued that [...]

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The War Powers Resolution of 1973 (WPR) was enacted to ensure that decisions to introduce US forces into hostilities reflect the collective judgment of Congress and the President. Central to this framework is the 60‑day termination requirement, which obligates the President to obtain congressional authorization or withdraw US forces once they have been introduced into [...]

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GDJ / Pixabay

It was autumn 1774.  In British North America and on the island of Great Britain an intellectual, political and legal revolution that was intended to recognize America’s unique status within the realm would become the sword of American independence.  The First Continental Congress drafted a document not for the purpose of securing liberty, but for the purpose [...]

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