Academic Commentary

“Theory is a net. Only those who cast, can catch.” – Karl R. Popper, The Logic of Scientific Discovery (1934) During his March 25, 2021 press conference, US President Joe Biden declared “denuclearization” as America’s ultimate strategic goal for North Korea. Though such a declaration might first appear reasonable, it misrepresents what is plausible in [...]

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Many state governors’ actions related to quelling the COVID-19 in Brazil appear to neglect constitutional provisions. So much so that many states’ Governors of the Brazilian Federation decided to adopt lockdown, despite the fact that the World Health Organization itself has already concluded that lockdown is not the primary measure aimed at combating the terrible [...]

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Pixabay / rdza

In a ground-breaking decision, the Islamabad High Court in Pakistan has explicitly recognized that animals have natural legal rights and are entitled to protection under the nation’s Constitution. Non-human animals are still commonly treated as “property” around the world, which places them in a similar legal category as inanimate objects. Although problematic for many reasons [...]

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Governor Cuomo is in hot water on three fronts: the COVID-19 limitation of liability for nursing homes order he did, the undercounting/reporting of nursing home deaths, and the sexual harassment in the workplace and otherwise. This note will focus on the hypocrisy with respect to the first of these: the COVID-19 limitation of liability for [...]

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WikiImages / Pixabay

Abstract: In principle, especially during a rare historical moment of extra-terrestrial exploration and immunological control, our species ought to render itself capable of managing nuclear threats. Prima facie, after all, the difficulties of transporting complex instrumentation to Mars and simultaneously fashioning effective vaccines against deadly pathogens should exceed even the most complex challenges of international peace. Nonetheless, [...]

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Pixabay/Redleaf_Lodi

Author’s Note: a longer alternative version of this article with footnotes and instructions for use as an education module is available here. Law students should consider the nature of the common law and why it failed to curb the advance of slavery in America. This suggestion follows both recent discussions in higher education about how [...]

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The Brazilian Supreme Court delivered a very important decision related to compulsory vaccination to immunize the population against the coronavirus (Direct Actions of Unconstitutionality #6586/6587). During the judgment, Justice Lewandowski stated that “collective health cannot be harmed by people who deliberately refuse to be vaccinated, believing that they will still selfishly benefit from herd immunity”. [...]

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(c) WikiMedia (Whopeehere)

Constitutions don’t always matter much in a coup. But the 2008 Constitution matters to Myanmar’s coup of 1 February. The military has created a constitutional fiction about the coup in a thin attempt to claim legality for its actions. I explain the legal disputes that the military claims are the pretext for exercising constitutional emergency [...]

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