The Supreme Court will overturn the law recognizing a woman’s fundamental right to choose an abortion. The only question is whether it will go even further and jeopardize women’s equality, reproductive rights, and family privacy rights for all. Pending in the Court is Dobbs v. Jackson Women’s Health Organization and the question of the constitutionality [...]
Search Results for: Katherine Gemmingen
Limiting Bivens: The US Supreme Court's Reluctance to Allow Lawsuits Against Federal Agents
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 [...]
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 [...]
JURIST Books: In conversation with Dr. Jason Frank, author of 'The Democratic Sublime'
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 [...]
Fundamental Environmental Rights: State Constitutions as a Vehicle of Change
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 [...]
Reflections on the Status of International Commercial Arbitration in Iran
Essentially, commercial arbitration in Iran is divided into two categories: domestic and international, each of which is subject to special regulations. The legal regime governing the domestic arbitration is Chapter Seven of the Iranian Code of Civil Procedure that applies to arbitrations mainly between Iranian nationals. In recent years, the parties to commercial disputes in Iran [...]
Emergency Awards in India's Arbitration Regime in the Wake of the Amazon-Future Retail Dispute
The Apex Court’s verdict on August 6 in Amazon Holdings LLC v. Future Retail Ltd., upholding the enforceability of the Singapore International Arbitration Centre’s (SIAC) emergency award and putting rest to a year-long dispute between two multinational commerce giants, sealed a victory not just for Amazon but also for India’s future integrating international arbitration within its [...]
Do Tesla FSD Beta Releases Violate Public Road Testing Regulations?
Jennifer Homendy, head of the US National Transportation Safety Board (NTSB), recently expressed safety concerns about Tesla’s “Full Self-Driving” (FSD) feature. This comes at a time in which the NTSB has announced an investigation into another Tesla crash and the US National Highway Traffic Safety Administration (NHTSA) is investigating Tesla collisions with emergency vehicles that [...]
Supreme Court Hubris: It Is Time to Return Power to the People
The Supreme Court’s 2021-2022 term which starts the first Monday in October will likely be one of the most important of the last 50 years. The Justices have already agreed to hear disputes involving gun control legislation and abortion rights and are likely to decide a major affirmative action case as well. Given that Republican [...]
Samuel Moyn’s Unprincipled Attack on Human Rights Giant Michael Ratner Is Shameful
Samuel Moyn’s vicious and unprincipled attack on Michael Ratner, one of the finest human rights attorneys of our time, was published in the New York Review of Books (NYRB) on September 1. Moyn singles out Ratner as a whipping boy to support his own bizarre theory that punishing war crimes prolongs war by making it [...]