Contrary to conventional wisdom, both nuclear deterrence and associated forms of nuclear strategy, including preemption, can support the authoritative expectations of international law. The adequacy of international law in preventing a nuclear war in the Middle East will depend upon more than formal treaties, customs and “the general principles of law recognized by civilized nations.” [...]
“For there is nothing on earth more acceptable to that Supreme Deity who rules over this whole world than the councils and assemblages of men bound together by law, which are called States.” Cicero, Somnium Scipionis Recent news from the Middle East, though generally “beneath the surface,” deals with Sunni Arab state reactions to [...]
Much needed legislation, which reins-in use of algorithms to determine who stays in jail pending trial and who gets out, recently passed in the Idaho legislature. House Bill 118, sponsored by Representative Greg Chaney (R-Caldwell), is first-of-its-kind legislation that addresses inherent flaws in the criminal justice system. The bill calls for the algorithms to be [...]
Toledo, Ohio residents last month overwhelmingly voted in favor of the innovative Lake Erie Bill of Rights (LEBOR), an amendment to the city charter which declares Lake Erie has enforceable legal rights. What that vote signals may turn out to be more important to Lake Erie than the well-intentioned but legally flawed LEBOR itself. LEBOR [...]
The President only has two enumerated constitutional duties, to be the Chief Executive of the Executive Branch and be Commander in Chief of the Armed forces during time of war. That is it. His oath in Article II of the Constitution requires him to protect and defend that Constitution. Additionally, he is constitutionally bound to [...]
“What does not benefit the entire hive is no benefit to the bee.” Marcus Aurelius, Meditations Back at the World War I Armistice Day ceremonies in France in 2018, Emmanuel Macron ventured a well-reasoned condemnation of Donald Trump’s belligerent nationalism. By describing the American president’s rancorous sentiments as a “betrayal of patriotism,” the French president [...]
Since its enactment in 2010, the Affordable Care Act (ACA) has provided meaningful coverage for millions of Americans, reformed the national health insurance and health care delivery infrastructure, and assured basic public health services through core funding. Enforcing the ACA has also entailed a multitude of political and legal challenges including (1) dozens of failed [...]
In a referendum held on Friday, October 26, 2018, the people of Ireland voted to amend the Irish Constitution to remove the word blasphemy from Article 40.6.1, which declared that “he publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.” This constitutional amendment enables [...]
After the midterm elections, it is worth considering how we might change our founding document, the U.S constitution, and update it so that it reflects the times we live in. One glaring example of a needed update is the Electoral College. Actually, I should say “eliminate” instead of “update”. Specifically, Article II, Section 1, Clause [...]
It’s not just about the 2012 Magnitsky Act. President Donald Trump’s recent affirmation of support for Saudi Arabia–even with incontrovertible evidence of Saudi criminality in the Jamal Khashoggi murder–reflects willful indifference to much wider sources of pertinent law. Both international law and the laws of the United States were flagrantly violated by this official American [...]
