Academic Commentary

Court packing, an idea that seemed forever discredited for 80 years after President Franklin Roosevelt’s notorious plan went down in flames in 1937, is back on the table. President Biden has appointed a commission to study the possibility of increasing the number of U.S. Supreme Court Justices, a response to calls from various Democrats to [...]

I am a Democrat and a strong admirer and supporter of President Biden. I think his administration and the Democratic leadership in Congress have achieved some striking successes so far. But my deeper loyalty, as a citizen and scholar, is to the constitutional system that has made America a great national experiment for almost 250 [...]

Essence, Existence and the Moaning of the Bar: In Memory of Judge James Crawford The passing of one of the undisputable greats of international law, Judge (Professor) James Richard Crawford (1948 – 2021) who embodied a towering intellectual rigour with great good humour, generosity and warmth is a momentous loss to the world of international [...]

Climate change is recognized as “the common concern of humanity.” On June 28, 2021, the European Council enacted a climate change law to reduce greenhouse gases emissions by 55% by 2030 – from 1990 levels – and to accomplish a net zero-emissions economy by 2050. Despite the legal enshrinement of net-zero and emission targets, the [...]

The Affordable Care Act (popularly known as Obamacare) may be the Supreme Court equivalent of the cat with nine lives. Or at least four. Starting with its decision in NFIB v. Sebelius, 567 U.S. 519 (2012), the Supreme Court has now turned aside three distinct lines of attack on the Act’s controversial “individual mandate” (which [...]

In the New York Times on May 20, 2021, there was a story about a government program to pay off early loans to black farmers, to compensate for past oppressive lending practices. Bankers were criticizing the program because early payoffs hurt bank profits. Some white farmers sued and won a TRO, the court finding that “Plaintiffs [...]

Friday, June 7, 1776, was anything but quiet. Resolutions respecting American independence were introduced in the Continental Congress. One resolution came from Richard Henry Lee of Virginia. Mr. Lee’s resolution read: Resolved, that these United Colonies, are, and of right ought to be free, and independent States, that they are, absolved for all allegiance to [...]

Abstract: Regarding American foreign policy, US President Joseph Biden has now correctly embarked upon a plan to reverse derelictions of his White House predecessor. As many Trump-inflicted harms were grievous and potentially catastrophic, this plan is commendable. At the same time, even in the most optimistic historical narratives, American foreign policy has always been shaped [...]

America faces unprecedented and existential threats to voting rights, free and fair elections, and the very future of our democracy. Congress must take urgent action now — well within its constitutional powers — to stop these threats in their tracks. All it would take is a simple one-page bill. I have proposed a draft here.  [...]

The Boston Globe has a new series on Future Proofing the Presidency, making a case for prosecution of former President Donald Trump. Just for the record, in DC the basic Presidential criminality approach is: 1) The President gets an interpretation of the law from a lawyer somewhere such as in the Office of Legal Counsel [...]