Now that the election is over, people might wonder what role the Supreme Court will play during Donald Trump’s second term. If the new president engages in behavior threatening to the Constitution and the rule of law, will the justices try to stop him, or will they move even further to the right? No one [...]
“A government of laws, and not of men.” John Adams (1774) Incoming US president Donald J. Trump’s obeisance to Russia’s Vladimir Putin is well-documented. Such behavior is sometimes much more serious than a matter of personal dereliction. In consideration of Putin’s ongoing crimes against Ukraine, it represents a time-urgent matter of law and justice. Though [...]
Imagine sitting on the subway in the middle of the afternoon, going about your day, when armed officers abruptly board the train, apparently in pursuit of someone. Within minutes, the officers deploy tasers and suddenly the sound of guns firing deafens you. People are terrified, screaming and bleeding. And all this chaos began over a [...]
For too long, this country’s criminal legal system has perpetuated violence, brutality, and murder, with Black people bearing the brunt. While methods may change, the underlying outcomes remain the same. The modern-day manifestation of our nation’s history of anti-Black violence is perhaps most apparent in capital punishment. Marcellus Khaliifah Williams – father, poet, and imam [...]
The rule of law has long been considered a cornerstone of American democracy, safeguarding individual rights, ensuring justice, and regulating the conduct of public officials within a framework of established laws. However, a troubling trend has emerged in recent years — a significant erosion of respect for this foundational principle. This decline is evidenced through [...]
“For by Wise Counsel, Thou Shalt Make Thy War.” Proverbs 24.6 For mostly good reason, policy discussions of Israel’s nuclear strategy and doctrine have been intentionally vague and without evident nuance. More specifically, there have been few open-literature assessments of a limited nuclear war and its law-supported capacity for enhancing Israel’s strategic deterrence. Now, however, [...]
The conservative justices on the Roberts Court consistently lecture the American people about the importance of text, history, and tradition to constitutional litigation. They use the term originalism as a catch-all phrase for their alleged focus on prior law. They want the American people to believe that their preferred outcomes are based on legal sources [...]
As we mark the one-year anniversary of the horrific October 7 attacks on Israeli civilians, it’s essential to reflect not only on the immediate tragedies of that day, but also on the ensuing conflict that has led to a cycle of escalating violence and suffering. While Israel’s initial retaliation against Hamas may have been lawful [...]
The opening days of the Russian invasion of Ukraine triggered a fierce and inspiring response by ordinary Ukrainians. They joined together in a mass uprising to defend their homeland. Under international humanitarian law (IHL), such an act of resistance is known as a “levée en masse” (levée). A levée is a unique category that temporarily [...]
The imperatives are plain. Whatever the trajectory of wars in the region, Israel has a law-based obligation to keep Iran non-nuclear. Immediately and incrementally, therefore, Jerusalem will need to ensure “escalation dominance” during periods of competitive risk-taking. This overriding responsibility concerns both Iran’s sub-state proxies (especially Shiite Hezbollah and Sunni Hamas) and Iran directly. What [...]
