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The Death of Qasem Soleimani and the Law of Armed Conflict
On 03 January, the US launched a drone strike against the Iranian defence chief Qasem Soleimani. The strike occurred while Soleimani was in Iraq and it killed both the general and a number of other personnel in the area, including Iraqis. The event r (More)
Assange and the Myth of Due Process
Myths, often ancient traditional stories that are designed to prescribe moral or traditional values, are fantastical but also highly rational. That is because myths describe a commonly manifested belief on the way we view the world. In 1992, Profe (More)
Obama's Tan Suit was an Impeachable Offense
Americans love to pretend that the Constitution is a legal document. Of course, it’s nothing of the sort. At best, it’s a restatement of an imaginary common ideology, a Rorschach card onto which we project our vision of the ideal legal order. The Con (More)
The Constitutional Case for "Red Flag" Laws
Suppose someone posts a message on social media suggesting he might shoot up a movie theatre, and punctuates the point with a photo in which he is holding an AK-47-style rifle. Can the government temporarily confiscate the person’s firearms, in order (More)
The Constitutional Politics of Impeachment
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 t (More)
Court-Packing and its Discontents
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 ju (More)
Rethinking Justice in Transitional Justice in the Muslim World: Any Role of Sharie‘a Law
Rule of Law and Transitional Justice: A New Islamic Discipline "The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah . . . But indeed, if any show patie (More)
Death by 1,000 Papercuts: The Dollar Diplomacy of China
China is exerting an enormous amount of power and influence over American companies even to the point of potentially enforcing its own laws. This has been a slow and largely secretive expansion over a period of years. It is a circumstance modern law (More)
A State Legislator's Guide to Blockchain
Consideration of blockchain legislation is a growing trend amongst state legislatures. Blockchain, which is essentially a more secure form of internet, has been expanding into new markets. This has increasingly caught the attention of legislators, wh (More)
From Chaos to Cosmopolis: America's World Law Imperative
US President Donald Trump's expanding crises with both North Korea and Iran, and his apparent willingness to withdraw from a second US-Russia nuclear arms control treaty, are just some currently prominent examples of a longer standing problem with wo (More)