“No man is above the law and no man is below it; nor do we ask any man’s permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor.” — T. Roosevelt On August 8, 2022, the Federal Bureau of Investigation (FBI) executed a [...]
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The Demise of Roe Threatens the Privacy of a Woman’s Entire Reproductive Health Record
The 1996 federal law that protects the privacy of our medical records –the Health Insurance Portability and Accountability Act or HIPAA – has from the outset contained a carefully crafted exception for personal health information that might bear directly on the commission of a crime. But with the overturning of Roe v. Wade and the [...]
The US Position on Abortion and International Human Rights Law
On June 24, 2022, the Supreme Court of the United States, in Dobbs v. Jackson Women’s Health Organization, overturned Roe v. Wade with a 6-3 majority. This judgment raises multiple constitutional law and due process issues. However, this article will not be addressing these issues. The focus of this piece is to analyze and highlight [...]
Will Washington Ever Get Around to Regulating Artificial Intelligence?
On November 4, 2021, US Senators Rob Portman (R-OH) and Jacky Rosen (D-NV) announced the introduction of S.3175 – 117th Congress (2021-2022): Advancing American Artificial Intelligence Innovation Act of 2021 to Congress. Although the stated goal of S. 3175 is to ensure private companies have access to accurate data so they can better meet Department of Defense [...]
Businesses and the EU’s Proposed ‘Artificial Intelligence Act’: Major Points of Controversy
Businesses are poring over the details of the Artificial Intelligence Act (“AIA” or “Regulation”), the legislative proposal for regulating applications of artificial intelligence (AI) that the European Commission proposed back in April. Comments on the proposed legal framework continue to pour in. Professional groups, trade unions, businesses and the business community in Europe and across [...]
Explainer: Why Are US Authorities Scrambling to Curb the Rise of Delta-8 THC?
A decision by Texan authorities to make theirs the latest state to ban Delta-8 THC has highlighted the growing tension surrounding this federally legal, but increasingly scrutinized marijuana-derived compound. Once a little-known hemp byproduct, Delta-8 has proliferated in recent years, riding the coattails of the surging popularity of CBD oil. Proponents of the substance claim [...]
Deeds, Not Words: The U.S. Must Rescind the Anti-ICC Executive Order Now
The recent review of the U.S. human rights record at the United Nations through the Universal Periodic Review process yielded 347 recommendations for improvement, 80% of which the U.S. accepted. Among them were several urging the U.S. to rescind a Trump-era executive order targeting the International Criminal Court (ICC) and those who support it. Just [...]
Author’s Note: a longer alternative version of this article with footnotes and instructions for use as an education module is available here. Law students should consider the nature of the common law and why it failed to curb the advance of slavery in America. This suggestion follows both recent discussions in higher education about how [...]
Becoming a Stone: America's Law-Desecrating Submission to Presidential "Punishment"
“All people…who dare not defend themselves when they know they are in the right, who submit to punishment not because of what they have done but because of who they are, are already dead by their own decision; and whether or not they survive physically depends on chance. If circumstances are not favorable, they end [...]
Trump's economic executive actions raise constitutional questions
The four executive actions President Donald Trump signed Saturday may face legal challenges because the Constitution grants Congress, not the president, the power to tax and spend. Trump signed three presidential memoranda and an executive order to provide economic relief for the economic crisis caused by COVID-19. The three memoranda seek to increase the unemployment [...]