Academic Commentary

The US government has again desecrated the memory of the late Reverend Dr. Martin Luther King, Jr. In the latest example of the Biden administration having broken its promise to work to end the death penalty, it announced its intention to seek a federal death sentence against Peyton Gendron, the 19-year-old who horrifically murdered 10 [...]

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“So far from it being unjust to punish him, it would be unjust if his wrongs were allowed to go unpunished.” Nuremberg Tribunal (1946) At the beginning of 2024, former President Donald J. Trump’s most conspicuously unsupportable legal claim has been his personal immunity from criminal prosecution. With this claim, Mr. Trump and his lead [...]

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The world watched as Taiwanese voters cast their ballots to elect their new president on Saturday, the Democratic Progressive Party’s (DPP) Lai Ching-te, Taiwan’s current Vice President.   The 2024 election poses a challenge for Taiwan, as the nation strives to maintain the status quo and its degree of autonomy as China escalates its military actions [...]

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On a writ of certiorari to the Colorado Supreme Court, the U. S. Supreme Court will likely decide whether former President Donald Trump (Trump) is disqualified under the Fourteenth Amendment, Section 3 (Section Three) from running in the 2024 general election for engaging in insurrection on January 6, 2021. A key argument against disqualification attacks [...]

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White House, Public domain, via Wikimedia Commons

In papers filed with the US Supreme Court, the Colorado Republican Party broadly (and erroneously) claimed that “or the first time in American history, a former President has been disqualified from the ballot, a political party has been denied the opportunity to put forward the presidential candidate of its choice.” As I have written elsewhere, [...]

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Our Supreme Court is now and has always been a political and ideological institution. But the Court fares the worst when it engages in naked partisan politics strongly favoring one side. Congress should take this political question out of the hands of the justices and remove Trump’s disqualification from state ballots pursuant to the last [...]

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Every December 10th, international lawyers, governments, and advocacy groups commemorate Human Rights Day. This marks the day in 1948 when, improbably, the Universal Declaration of Human Rights was adopted in Paris by a nascent United Nations General Assembly under the leadership of Eleanor Roosevelt. This year, as the Declaration turned 75, I found myself in [...]

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Time is of the essence when it comes to creating a court or tribunal dedicated to adjudicating Russian aggression against Ukraine. And while much consideration has already been given to the creation of a UN General Assembly-backed tribunal, the preferred option in my opinion, I would suggest the time has come to expand our consideration [...]

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Editors’ note: Amid surging violence between Hamas and Israeli forces, JURIST is seeking perspectives from around the world. Neither this nor other commentaries in this series constitute JURIST editorial policy, nor do they necessarily reflect the opinions of the editorial team. The 21st century is marked by globalization and Americanization, with transnational law under US [...]

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