EXPERT ANALYSIS OF GLOBAL LEGAL DEVELOPMENTS.

In the aftermath of the George Floyd protests, the legal doctrines shielding law enforcement from accountability have become increasingly scrutinized, with qualified immunity by far the most well-known (and most controversial). But on November 5, the Supreme Court announced it will hear at least one of three cases that address another form of immunity for [...]

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Wikimedia Commons/ UN Charter Preamble/ National Archives and Records Administration

“Nothing is real that is not eternal.” Miguel de Unamuno, Tragic Sense of Life (1921) Though inconspicuous and easily misunderstood, there is no conceivably greater power in world politics than power over death. On its face, this preeminent form of power is problematic (how, after all, can one human being ever offer eternal life to [...]

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In June 2021, the Hungarian Parliament passed certain amendments to several acts, which curtailed the dissemination of information concerning homosexuality and sex reassignment (“H&SR”) among minors and school-goers. Inter alia, the legislation: (1) bans the availability of any material portraying or promoting H&SR or any other forms of deviation from one’s sex assigned at birth [...]

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Last week’s US Supreme Court arguments in Whole Women’s Health v. Jackson and US v. Texas challenging the Texas abortion ban revealed a startling vulnerability in the US system of federalism and constitutional supremacy. They laid bare that a state’s flagrantly unconstitutional six-week abortion ban, when structured to avoid effective judicial review, can flummox the [...]

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Cornell University, Department of Government / https://government.cornell.edu/jason-frank

JURIST Commentary is pleased to present this special feature from our sister video service, JURIST Books. See more interviews from JURIST Books on JURIST’s YouTube channel. Dr. Jason Frank is the John L. Senior Professor of Government at Cornell University, and his primary field is political theory. Dr. Frank’s research and teaching interests include democratic [...]

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My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription pain relief products, about 20 years ago. For much of this time Bayer AG, the Big Pharma multinational colossus headquartered in Germany—whose gross revenues approach $50 billion—has been trying to use US trademark law to put Belmora out [...]

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North Carolina has an important connection to the “state secrets” at the center of an October 6 US Supreme Court argument. In this case, Guantanamo prisoner Abu Zubaydah seeks testimony from two former CIA contractors, James Mitchell and Bruce Jessen, on torture he suffered at a secret CIA prison in Poland. The contractors’ evidence would [...]

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A 2019 United Nations (UN) report found that “it is imperative that environmental laws are widely understood, respected, and enforced and the benefits of environmental protection are enjoyed by people and the planet.” Globally, more and more governments are coming to this realization: that there are vital (and fragile) links between the environment and all [...]

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Gryffindor, Public domain, via Wikimedia Commons

Antitrust analysis is harder to get right than progressive trustbusters would have you believe. In fact, determining whether a business is violating principles of market competition is so complicated that judges and regulators often make mistakes. But the folks running the Federal Trade Commission think they know better. Here’s the thing: They don’t. Over the [...]

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Abstract: For Israel, core issues surrounding Iran’s still-accelerating nuclear weapons program have been strategic and political, rather than legal. Nonetheless, if Israel should ever decide that it no longer has any reasonable alternative to launching a preemptive attack against certain Iranian military/industrial targets, this defensive first-strike would need to be justified under international law. In [...]

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