Academic Commentary

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Author’s Note: During my tenure as the first Supreme Court Archivist-Legal Historian to the Supreme Court of Missouri, I authored an in-house history column. Reproduced below is my July Fourth column from 2013. On July 3, 1776, John Adams wrote a letter to his wife Abigail. “My dear Friend,” , “he Second of July, 1776, [...]

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“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” – Guillaume Apollinaire, “The New Spirit and the Poets” (1917) In his commencement address at West Point on June 13, 2020, US President Donald J. Trump presented a narrowing view of [...]

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The Supreme Court created quite a stir recently when it held in Bostock v. Clayton Country, Georgia that Title VII, the major federal anti-employment-discrimination law, protected gay and transgender employees on the same basis as heterosexual employees. Deciding three companion cases involving different employees, the Court filled a major gap in employee protection – most [...]

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Wednesday’s decision by the D.C. Circuit granting General Mike Flynn’s petition for mandamus is a dangerous precedent. In directing US District Court Judge Emmet Sullivan to grant DOJ’s motion to dismiss the false statement charges against Flynn, the court disrupted orderly court proceedings. While I believe DOJ would have ultimately prevailed in due course, the [...]

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On Juneteenth, the United Nations Human Rights Council adopted a resolution requesting the High Commissioner for Human Rights, with the assistance of relevant Special Mandate Holders, to prepare a report on systemic racism and violations of international human rights law against Africans and people of African descent by law enforcement agencies, especially those incidents that [...]

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