Faculty Commentary

June 4 marks the centennial of Meyer v. Nebraska, in which the US Supreme Court commenced its modern role as the guardian of non-economic personal liberties by striking down laws in Nebraska, Iowa, and Ohio that prohibited the teaching of German to elementary school children. Meyer itself remains a vital cornerstone for the protection of [...]

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In jurisprudential matters, whether national or international, precedent remains vitally important. When former (and possibly future) US President Donald J. Trump issued illegal pardons to selected American officials for established crimes against international law, the consequences reverberated in other countries. Now, with still-mounting Russian crimes against Ukraine –  crimes of war; crimes against peace; and crimes [...]

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In February 2022, the Bureau of Investigative Journalism published a report, accusing Facebook of inciting ethnic violence and disseminating misinformation in Ethiopia. A senior government official condemned the tech giant, accusing it of standing idle as the nation descended into chaos. Yet, as previously announced, the Ethiopian government refused to sit by idly and pledged [...]

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Civil action and criminal prosecution are the two great substitutes invented by law to replace revenge, a deeply wired instinct among humans expressed in a Mesopotamian maxim, an eye for an eye, tooth for a tooth. In Pakistan, most ironically, civil litigation and criminal prosecution have become the revenge instrument, particularly among ruling elites fighting [...]

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Public Domain

Long before the outbreak of war in Sudan, the Rapid Support Forces (RSF) prepared by launching a media campaign aimed at cleaning up their bloody public image and normalizing the group’s existence. The militia’s experienced social media team has effectively used tech platforms to achieve this goal, while tech companies overlook both the past and present [...]

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It’s an uncommon association, but certain connections have been suggested between sovereignty (the highest form of earthly authority) and offerings of immortality. For the most part, at the level of philosophical investigation, such connections have not always been subtle. Observes G F Hegel (1820) in The Philosophy of Right: “The state is the march of [...]

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In the harrowing days of 1945, the world lay bleeding and breathless after years of all out war. It was a time of uncertainty regarding what happens next. Could mankind survive another world war?  What was the pathway towards a more stable world, a world that would turn to dialog and discussion versus recrimination and [...]

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As tension rises over the impending breach of the debt ceiling, Biden aides are apparently debating the question of whether the debt ceiling is constitutional.  Section Four of the Fourteenth Amendment provides that “the validity of the debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for [...]

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The International Criminal Court (ICC) is tasked with investigating and prosecuting individuals responsible for the gravest of crimes — genocide, war crimes, crimes against humanity, and aggression. While the struggles faced by Afghan women and girls have yet to be classified, their plight demands attention. As human beings, these women and girls have been callously [...]

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As climate change and climate-related disasters continue to drive displacement, the United States must do more to protect impacted individuals. It can start by upholding our existing asylum and refugee protection laws. The adverse effects of climate change can interact with and exacerbate targeted violence, conflict, and other forms of persecution that drive people to [...]

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