Academic Commentary

(c) Wikimedia Commons (2006 Bonnie Jacobs)

Impeachment has always been a combustible mix of constitutional law and constitutional politics, but the way in which impeachment integrates law and politics has evolved from the framing of the Constitution to the mid-nineteenth century to the late twentieth century and may be further evolving at present. The framers designed an impeachment system that would [...]

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For those inclined to question whether Donald Trump would actually be so brazen as to straight up take over the apparatus of U.S. foreign policy purely to boost his own reelection prospects, bear this in mind. We already know that Donald Trump is willing to hijack an entity organized to serve the public interest and [...]

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Nine years ago, President Obama signed into law a bill proscribing the distribution of so-called “animal crush” videos, which are depictions of a practice that is as disturbing as it sounds: the killing of animals (puppies, kittens, mice, bunnies, goats, and others) slowly and excruciatingly, often by provocatively-dressed women who stand on the animals while [...]

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As we await the Supreme Court’s decision on whether under Title VII of the 1964 Civil Rights Act “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation, I suggest that the Justices listen to both the Missouri Supreme Court and the jury in the “heartland” state of Missouri. The jury [...]

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What does it mean to discriminate because of sex? The answer to that question has become increasingly important to gay and lesbian employees challenging employment discrimination under federal and state laws. Take the case of Keith Wildhaber, a St. Louis County, Missouri police officer, who, in October 2019, won a lawsuit he filed against his [...]

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(C) Wikimedia Commons (Courtesy of U.S. Supreme Court)

Everything old is new again, and court-packing is no exception. In 1937, faced with a conservative Supreme Court that consistently invalidated his New Deal legislation, President Roosevelt announced a plan to increase the size of the court and add justices who would rule in his favor. It was a bridge too far. While Roosevelt’s plan [...]

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© WikiMedia (Niccolò Caranti)

In the indictment against sixteen environmental activists now on trial outside Istanbul, George Soros and the Open Society Foundations (OSF) are mentioned over 300 times. Neither is in any way linked to the defendants or to the 2013 public demonstrations that took place at Gezi Park, yet somehow George Soros is accused of being the [...]

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© WikiMedia (CherryX)

The Grand Chamber of the European Court of Human Rights (ECHR) in Strasbourg rejected a request for referral under article 43 of the European Convention on Human Rights (Convention) by Italy last week making the Chamber’s October 7th decision in the case Marcello Viola v. Italy a final judgment. The ECHR has decided that an “irreducible [...]

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