Search Results for: Hayley Behal

In Terminiello v. Chicago, Justice Jackson famously commented that the constitution “is not a suicide pact.” His point was in response to the Court’s decision to invalidate Chicago’s disorderly conduct conviction of Arthur Terminiello, who had given a speech that threatened to breach the peace. Writing for the Court, Justice Douglas rejected Chicago’s assessment that [...]

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Perhaps the most remarkable aspect of President Biden’s speech criticizing the Supreme Court’s rejection of Roe v. Wade is that he gave the speech at all. Presidents historically have wisely refrained from commenting on Supreme Court decisions. Biden’s delivery of the speech on the very same morning that the Court delivered its opinion in Dobbs [...]

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As a criminal defense attorney practicing post-conviction law for nearly twenty years, I’ve watched the Supreme Court whittle away convicted defendants’ right to contest their wrongful state convictions. The most recent example is the Supreme Court’s opinion in Shinn v. Martinez Ramirez, which prevents prisoners from entering federal court to litigate claims that were forfeited [...]

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“The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis.” — Dante Alighieri The world came together almost as one on February 24, 2022, when the Russian Federation invaded Ukraine. This was a unique moment where the world order, based on the rule of law, rallied around [...]

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Now facing further rounds of terror attack, Israel must prepare itself along the intersecting dimensions of law and strategy. Law, the first dimension, is universal. It applies to all combatants, everywhere. Strategy, the second dimension, is integral to the creation and maintenance of any single state’s national security policies. From the beginning, a recurrent Palestinian [...]

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In the leaked Supreme Court draft opinion overturning a half-century of abortion jurisprudence, Justice Samuel Alito repeatedly argued that this difficult issue should be decided by the people through their elected representatives. Such calls for democracy to work, however, should be looked at with great skepticism by the American people, given how often and how [...]

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After the Second World War, the International Committee of the Red Cross created new treaties to constrain the methods and means of warfare—a stark acknowledgment that armed conflict would continue to exist and that the world needed updated legal limits on the waging of war. The Geneva Conventions (1949), Additional Protocols (1977) and customary international [...]

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I. Introduction The world’s attention is focused on Ukraine and the vicious war ravaging the country, forcing millions of people to flee. But is this Russian invasion different than other invasions by a major world power in terms of violations of international law? It is and it is not. On the one hand, the Russian [...]

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