Faculty Commentary

Too often we tend to think that the Declaration of Independence was a creature which sprang to life between June 7, 1776, when Richard Henry Lee of Virginia introduced his resolution calling for independence and Mr. Jefferson’s magnum opus which was voted on three weeks later. History teaches that the march towards independence was a [...]

The recent federal district court ruling striking down the Trump administration’s executive order targeting the law firm Susman Godfrey is the fourth similar ruling in response to orders punishing firms that took on clients and causes adverse to Trump’s interests. Now, each of the four firms that chose to file challenges in court has prevailed, [...]

The international order today is no longer shaped by classical geopolitics defined by territorial boundaries, military alliances, and traditional warfare. Instead, global power is increasingly exercised through what can be described as networked geopolitics. In this emerging paradigm, influence flows across interconnected systems of information, infrastructure, ideology, finance, and digital communication. Power now resides in [...]

US-Israeli attacks on Iranian nuclear sites raise serious questions of international law under the Nuclear Non-Proliferation Treaty (NPT, or Treaty). While these attacks may be evaluated under the UN Charter and other international treaties, customary laws, and principles, this commentary focuses on their implications for the NPT regime, which serves as a cornerstone of global [...]

In the fragmented landscape of modern warfare, civilian populations have emerged as the silent victims of aggressive militarized conflicts. As violence escalates in Ukraine and Gaza, and amid the simmering tensions between Israel and Iran, we find ourselves confronting a grim reality: the deliberate targeting of civilians has become an alarming new norm. This is [...]

The role of judge advocates in the armed forces is a critical one, particularly in times of tension and unrest within the United States, such as the current demonstrations in Los Angeles regarding immigration policy. Sworn to uphold the Constitution and provide legal guidance to military commanders, judge advocates find themselves in a precarious position [...]

India has long been hailed as a moral and material sanctuary for displaced populations in South Asia. Despite not being a party to the 1951 Refugee Convention or its 1967 Protocol, the country has crafted a robust historical identity as a haven for persecuted communities. From the Zoroastrians fleeing Iran in the 8th century, to [...]

The first day of June marks the centennial of Pierce v. Society of Sisters, a landmark civil liberties decision in which the US Supreme Court struck down an amendment to the Oregon constitution mandating compulsory public education for all children between the ages of 8 and 16 who had not yet completed the eighth grade. [...]

President Trump said during an Oval Office meeting April 14 that it would be up to El Salvador’s President Nayib Bukele to decide whether mistakenly deported man Kilmar Armando Abrego Garcia would be allowed back to the United States. President Bukele responded by stating that he did not “have the power to return him” and [...]

“The world no longer has a choice between force and law; if civilization is to survive, it must choose the rule of law.”—Paul Krugman Introduction The Council of Europe’s establishment of a Special Tribunal for the Crime of Aggression against Ukraine represents a significant development in the international justice landscape. As nations grapple with the [...]