Search Results for: affirmative action

Jihene Ferchichi is JURIST’s staff correspondent in Tunisia. She reports from Tunis. Hello everyone, my name is Jihene Ferchichi, a Tunisian practicing lawyer and the holder of an LLM from the University of Pittsburgh in International Studies and Comparative Law. I will be reporting for JURIST on the state of rule of law in Tunisia, [...]

India’s medical regulatory institution, the National Medical Commission (NMC) Friday declared conversion therapy “professional misconduct” and empowered the State Medical Councils to initiate disciplinary action against medical professionals if they attempt to perform conversion therapy.  Conversion therapy, a pseudoscientific therapy concept intended to change a LGBTQIA+ person’s sexual orientation or gender identity, is considered torture by [...]

The UN General Assembly on Thursday adopted a resolution declaring that access to a clean, healthy environment is a universal human right. The move was lauded by UN Secretary-General António Guterres as a historic decision that evidenced the commitment of UN member states to fighting climate change and fostering a more sustainable environmental future. “The [...]

Ongoing Russian crimes against Ukraine are egregious and overlapping. Most conspicuous of these crimes are Vladimir Putin’s acts of aggression and of genocide. Jurisprudentially, even if Putin lacks any confirmable “intent to destroy” specific Ukrainian populations, Russia’s law-breaking behavior would still rise to the level of other relevant criteria or standards. Most recognizable, in this [...]

On June 24, 2022, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Center overturned the landmark case Roe v. Wade. It is essential to clarify the specific right Roe established. It was not an unqualified affirmative right to abortion but a right protecting a woman from unduly burdensome interference with her freedom to [...]

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 [...]

The US Court of Appeals for the Fifth Circuit ruled Monday that Students for Fair Admissions (SFFA) can continue their lawsuit against the University of Texas Austin (UT) for racial discrimination in their admissions process. SFFA alleges that UT’s admissions process “gives special preference to applicants who fall within racial categories that the university considers [...]

The Kerala High Court, while issuing an order in Anoop v. State of Kerela, recognized the fallacy of the Protection of Children from Sexual Offences Act (POCSO), 2012, and Indian Penal Code (IPC), 1856, in not distinguishing between consensual sexual activity and rape. The single judge bench remarked that these actions arise out of pure [...]

Recently, Spain’s Parliament passed a new bill that seeks to make consent the determining factor in sexual assault cases, thus freeing victims from the burden of proving that they were intimidated, subjected to violence or that they physically resisted to show that they suffered a sexual assault. As per the Guarantee of Sexual Freedom law, [...]

The US Supreme Court Monday ruled in two separate cases that undocumented immigrants who are detained for more than six months are not entitled to a bond hearing. Johnson v. Arteaga-Martinez was unanimous, with only Justice Breyer dissenting in part, while Garland v. Aleman Gonzalez was a 6-3 decision. The first case concerned Antonio Arteaga-Martinez, [...]