A Collaboration with the University of Pittsburgh
by Chris Hoofnagle

JURIST Guest Columnist Chris Hoofnagle of Berkeley Law, discusses the policing of Facebook's privacy policies and FTC enforcement ... The Challenge of Policing Facebook Are our institutions up to the challenge of protecting users from information-age problems? This is the high-level question emerging from the Facebook-Cambridge Analytica debate. While on one hand Facebook and similarly-situated companies will pay some regulatory …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University, discusses the recent US bombing in Syria... Nullum crimen sine poena, "No crime without a punishment." (Ancient principle of law reaffirmed at the Nuremberg Trials) For the most part, a military response to the recent Syrian chemical attacks at Douma was obligatory under the authoritative international law. The system of world …

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by Sarah Wetter

JURIST Guest Columnists, Sarah Wetter and James G. Hodge, Jr. of the Sandra Day O'Connor College of Law, Arizona State University, discuss preemptive legal schemes that deprive states and localities of opportunities to implement efficacious interventions to advance public health... The constitutional legal doctrine of preemption refers to how state or local laws may be invalidated expressly or impliedly by …

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by Oday Talal Mahmood

JUIRST Guest Columnist Oday Talal Mahmood of the University of Pittsburgh School of Law discusses the potential implications of judicial review in Iraq....In Iraq's Constitution of 2005, more than 67 of the 144 Articles include the language: "shall be regulated by law," referring to the most important laws including the Federation Council Law, and the Oil and Gas Law. Aside …

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by Louis Beres

JURIST Guest Columnist Louis René Beres of Purdue University, discusses the implications of a hasty withdrawl from Syria... President Donald Trump recently announced his intention to get out of Syria, "very soon." The president's stated intention here could soon run starkly counter to this country's urgent obligations under binding international law. Moreover, because these important obligations have already been "incorporated" …

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by Patrick Poon

JURIST Guest Columnist Patrick Poon, a China researcher at Amnesty International, discusses the tactics used by Chinese authorities to keep lawyers from changing the political and social environment... When Sui Muqing became a lawyer in 1993, he couldn't imagine that 25 years later he would become a "post-lawyer" (lvshihou), a self-deprecating term often used by lawyers in China who have …

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by Uché Ewelukwa Ofodile

JURIST Guest Columnist Uché Ewelukwa Ofodile of University of Arkansas School of Law discusses intellectual property rights of graffiti artists given the changing dynamics in the legal landscape and concepts of nontraditional art... Introduction It was known as 5Pointz but frequently referred to as the "United Nations of Graffiti." It was a five-story former factory complex in the Queens borough …

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by Dennis J. Ventry

JURIST Guest Columnist Dennis J. Ventry, Jr., of the University of California Davis School of Law (UC Davis School of Law) discusses how a recent Supreme Court decision on whistleblower laws ultimately undermines the corporations they are meant to protect... In Digital Realty Trust Inc. v. Somers, the U.S. Supreme Court voted 9-0 to narrow the definition of "whistleblower" …

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by Benjamin G. Davis

JUIRST Guest Columnist Benjamin G. Davis of the University of Toledo College of Law discusses the potential implications of Gina Haspel as CIA Director Designate....I. Ah, if the Obama Administration had only followed my advice! November 15, 2016, after teaching class in Toledo, I had driven overnight from Toledo with a student, Victor Aberdeen, and arrived just in time to …

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by Louis Rene Benes

JURIST Guest Columnist Louis René Beres of Purdue University discusses the true nature of President Donald Trump's relationship with Russian President Vladimir Putin... "I like chaos." — United States President Donald Trump, March 4, 2018 Credo quia absurdum. "I believe because it is absurd." In the very best case scenario, President Donald Trump is "merely" incompetent, fundamentally incapable of meeting …

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by John Buckleton

JURIST Guest Columnist John Buckleton of New Zealand's Institute of Environmental Science and Research, discusses the future of DNA software in the courtroom... As anyone who has ever watched CSI can tell you, DNA is well established as the gold standard when it comes to crime solving. Linking the tiniest shreds of DNA evidence together, forensic investigators are able to …

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by Lauren A. Rousseau

JURIST Guest Columnist Lauren A. Rousseau of the Western Michigan University Cooley Law School discusses the impact that the onslaught of litigation against the pharmaceutical industry could have on the opioid epidemic...According to the federal Centers for Disease Control, over 63,600 people died of drug overdose in the United States in 2016 - an average of 174 deaths per day. …

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by Charles Lugosi

JURIST Guest Columnist Dr. Charles Lugosi of Crease Harman, LLP, discusses how Canadian prime ministers' evasive answers during the Question Period expose deeper constitutional issues... All Canadian citizens, regardless of personal political preferences, are the heartbeat of parliamentary democracy. Together we vote to choose the political party that will exercise the powers of the executive branch of the federal government. …

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by Moien Odeh

JURIST Guest Columnist Moien Odeh of the Professionals in Humanitarian Assistance and Protection provides a critical analysis of recent Israeli legislative efforts to enlarge the city limits of Jerusalem ... Introduction In 2017, two bills were introduced from the Israeli government coalition's members - the Basic Law: Jerusalem, Capital of Israel (Amendment No. 2) Bill and the Greater Jerusalem Bill …

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by Charles I. M. Lugosi

JURIST Guest Columnist, Dr. Charles I. M. Lugosi, J.D. LL.M. M.B.E. S.J.D. Counsel at the law firm of Crease Harman, LLP, discusses the jury controversy resulting from the trial of Gerald Stanley ... Speaking in my personal capacity as a lawyer who acted both as a prosecutor and as defence counsel, I am appalled at the brazen irresponsible conduct of …

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by James G. Hodge

JURIST Guest Columnists James G. Hodge, Jr., Jennifer Piatt, Sarah Wetter, and Alexandra Hess of the Sandra Day O'Connor College of Law, Arizona State University discuss the recent reversal of long-standing guidance from the Obama Administration on federal marijuana enforcement... On January 4, 2018, U.S. Attorney General Jeff Sessions issued a Department of Justice (DOJ) Memorandum announcing the immediate rescission …

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by Bruce Ledewitz

JUIRST Guest Columnist Bruce Ledewitz discusses the potential implications of courts taking a stand on gerrymandering....The unseemly haste of the recently elected Democratic Party majority on the Pennsylvania Supreme Court has undermined the impact of a path breaking decision to void Pennsylvania's current congressional district map as an unconstitutional political gerrymander under the State Constitution. The four votes in favor …

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by Steve Koslovsky

JURIST Guest Columnist Steve Koslovsky discusses how more judicial elections harm judicial independence... Remember Rose Bird? Back in 1986, Chief Justice Rose E. Bird, who was the first female Chief on the California Supreme Court, became the first Chief Justice removed from office. In a campaign organized largely by California conservatives and funded by business interests, voters removed her …

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by L. Ali Khan

JURIST Guest Columnist L. Ali Khan of the Washburn University School of Law discusses troubling recent trends in the Pakistani Supreme Court... Judicial activism is a milder label to express what the Pakistan Supreme Court has done over the decades to frame the national constitutional jurisprudence. Since the 1950s, the Court has validated several military coups that overthrew elected governments. …

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by Uche Ewelukwa

JURIST Guest Columnist Uché Ewelukwa of the University of Arkansas School of Law, discusses the dynamic landscape of trade secret law in a multi-part series. In part 2, she discusses the Defend Trade Secrets Act of 2016 ... Introduction Signed into law on May 11, 2016, the Defend Trade Secrets Act of 2016 ("DTSA") creates a new federal private right …

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by Uche Ewelukwa

JURIST Guest Columnist Uché Ewelukwa of the University of Arkansas School of Law, discusses the dynamic landscape of trade secret law in a multi-part series. In part 1, she introduces current legal trends in trade secrets ... Introduction 2018 is already proving to be a busy year for trade secret owners, for attorneys that prosecute trade secrets misappropriation cases …

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by Wendy K. Mariner

JURIST Guest Columnist Wendy K. Mariner of Boston University School of Law discusses the Trump Administration's recent issued guidance that will allow states to include employment as a requirement for Medicaid enrollment... On January 11, 2018, the Centers for Medicare and Medicaid (CMS) sparked immediate controversy by announcing new policy for states seeking §1115 Medicaid waivers. For the first …

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by Ruqaiijah Yearby

JURIST Guest Columnist Ruqaiijah Yearby of Case Western Reserve University School of Law discusses the legality of a work requirement for Medicaid eligibility and the impact this will have on poverty . . . On November 15, 2017, the Institute for Policy Studies issued a report noting that the three richest people in the United States (Jeff Bezos, Warren …

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by Issac Smith

JURIST Guest Columnist Isaac Smith of the University of Cincinnati School of Law discusses the First Amendment implications of actions taken by Ohio University administrators... In 2017, violent student protests made headlines nationwide. The often minimal discipline meted out afterwards inspired legislative efforts in several states to impose mandatory punishments upon students who disrupt campus events. Against this backdrop, …

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by Dionne Koller

JURIST Guest Columnist Dionne Koller of the University of Baltimore School of Law, discusses the Nassar sexual abuse scandal and the potential for regulation of "sports medicine" ... Sexual abuse of young athletes has been a persistent problem in Olympic and amateur sports. Most recently, hundreds of allegations surfaced against Dr. Larry Nassar, a team physician for Michigan State University …

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by Christina Jones-Pauly

JURIST Guest Columnist Chris Jones-Pauly discusses the misunderstandings regarding the indigenous laws of South Sudan in the context of transitional justice. In December 2013 South Sudan exploded into civil war, three years after the South's secession. The initial protagonists are Kiir, a Warrap Dinka, and Machar, a Nuer of Unity state. They signed the Agreement on the Resolution of the …

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by Mohit Gupta

JURIST Guest Columnist Mohit Gupta of South Asian University discusses the legacy of the ICTY... International Criminal Tribunal for the former Yugoslavia (ICTY), an ad hoc international criminal tribunal established by mandate from United Nations Security Council officially came to its end on December 21, 2017. The tribunal was created in response to atrocities committed in former Yugoslavia. Few would …

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by Curt Levey

JURIST Guest Columnist, Curt Levey, of the Committee for Justice, discusses the implications of Kim Dotcom's fight to avoid extradition from New Zealand to the US...Notorious Internet pirate Kim Dotcom suffered another legal setback last month in his fight to avoid extradition from New Zealand to the United States and hang on to his treasure borne of massive copyright infringement …

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by William Araiza

JURIST Guest Columnist William D. Araiza of the Brooklyn Law School discusses the lawsuit filed by Paul Manafort against Robert Mueller and the Department of Justice... Paul Manafort's recent lawsuit challenging the legality of his indictment by Special Prosecutor Robert Mueller raises a set of intriguing questions--not least about his attorney's litigation choices. The lawsuit is likely to take its …

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by Iryna Chelyshava

JURIST Guest Columnist Iryna Chelyshava of Vlasova Mikhel & Partners, a Belarusian law firm, discusses a recent decree by the Belarusian government drastically expanding the use of cryptocurrency... On December 21, 2017, Alexander Lukashenko, the President of the Republic of Belarus signed Decree No. 8, "On the Development of the Digital Economy" ("the Decree"), aimed at the development of the …

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by Alireza Ranjbar

JURIST Guest Columnist Alireza Ranjbar of the Iranian Association for UN Studies discusses approaches to Iran's ballistic missile program under international law... Before and after his election as president, Donald Trump has threatened the 2015 Joint Comprehensive Plan of Action (JCPOA) limiting Iran's ballistic missile ambitions. President Trump has also been trying to challenge and demote the achievements of that …

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by Allen Rostron

JURIST Guest Columnist Allen Rostron of the University of Missouri-Kansas City School of Law discusses policy and constitutional concerns about the Concealed Carry Reciprocity Act, which would expand the right to carry concealed guns outside one's home state...For years, liberals and conservatives have argued about how to strike the ideal balance between federal and state authority. While liberals have generally …

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by Julia Selman Ayetey

JURIST Guest Columnist Julia Selman Ayetey of McGill University discusses the UK Space Industry Bill... The global space market was valued at $329 billion in 2016 and private sub-orbital flights and launches of small satellites alone are anticipated to be worth £25 billion pounds over the next 20 years. It is therefore unsurprising that the UK seeks to become a …

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JURIST Guest Columnists Shaunee Morgan and John Peng of the University of Pennsylvania School of Law and Azadeh Shahshahani of Project South discuss the need to recognize the growing violations surrounding detained immigrants on Human Rights Day...Institutions and governments across the world will celebrate the 70th Human Rights Day on December 10, commemorating the day in 1948 when the United …

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by Jeff Shafer

JURIST Guest Columnist Jeff Shafer of Alliance Defending Freedom, discusses expression's reliance on context in light of Masterpiece Cakeshop ... Two perpendicular lines: a cross. A church architectural committee asks a sculptor to design one for placement atop the steeple over its new sanctuary. Delighted, he agrees. The KKK admires the craftsmanship provided the church and asks the sculptor for …

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by Jeffrey L. Kirchmeier

JURIST Guest Columnist Jeffrey L. Kirchmeier of City University of New York School of Law discusses diminished capacity standards in recent capital punishment cases... The United States Supreme Court in Dunn v. Madison recently considered whether or not a death row prisoner is competent to be executed if due to mental incapacity the prisoner cannot remember the crime. …

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by Gary Reynolds

JURIST Guest Columnist Gary Reynolds of the Valparaiso University Law School discusses the shooting in Sutherland Springs and its potential legacy in the landscape of gun control...A common criticism about the gun debate in America is the lack of change after a tragedy. The knee-jerk reactions to pursue legislative action immediately happen, which then incurs the wrath of pro-gun advocates …

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by Corinne Maupin

JURIST Guest Columnist Corinne Maupin of Valparaiso University School of Law discusses advances in facial recognition technology and the corresponding ripeness for matching regulations ... A recent article in the ABA Journal noted that law enforcement agencies have proposed the use of facial recognition software within departments to aid in the capture of criminals. This software obtains photographs and …

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by Michael Krauss

JURIST Guest Columnist Michael Krauss of the George Mason University Antonin Scalia Law School discusses the "crime fraud exception" to attorney-client privilege and how it applies to the recent situation with Paul Manafort and Robert Mueller...The attorney-client privilege is a common law privilege against testifying about the content of confidential communications between clients and their attorneys, made for the purpose …

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by Uché Ewelukwa Ofodile

JURIST Guest Columnist Professor Uché Ewelukwa Ofodile of the University of Arkansas School of Law discusses answers to questions about Arkansas' new right of publicity legislation ... The right of publicity is the right to control the commercial use of one's identity. Over the years, a growing number of celebrities, athletes and sports personalities have brought lawsuits to enforce their …

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by David A. Harris

In one of my favorite scenes from The Wire, the great HBO television series about crime, cops, and life in Baltimore, detectives Bunk Moreland and Jimmy McNulty sit in an interrogation room across the table from a young African American man they call Cheese. The detectives suspect Cheese in one of several recent murders, and for good reason: they have …

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by Ricardo Arredondo

JURIST Guest Columnist Ricardo Arredondo of the University of Buenos Aires School of Law discusses the aftermath of recent violence against Argentine diplomatic facilities in Chile... On the night of October 23, both the residence of the Argentine Embassy and the Consulate General in Santiago de Chile were exposed to a violent situation, when a group of people protesting …

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by David Crane

JURIST Guest Columnist David M. Crane of the Syracuse University College of Law discusses recent harmful developments regarding the restriction of chemical weapons in international law...The United Nations Security Council (UNSC) should not ignore or walk away from the alleged use of any prohibited weapon, such as chemicals, as it signals it is permissible to violate the Chemical Weapons Convention …

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by Sean M. Cleary

JURIST Guest Columnist Sean M. Cleary of the Law Offices of Sean M. Cleary discusses the difficulty in establishing liability for driverless cars. . . Driverless cars are one of the most controversial topics that never ceases to raise doubts and concerns. While many of us hope that this is the answer to a less stressful and more responsible driving …

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by Pacifique Manirakiza

JURIST Guest Columnist Pacifique Manirakiza of the University of Ottawa discusses the effectiveness of Burundi's withdrawal from ICC...On October 27th, 2017 Burundi became the first State Party to withdraw from the Rome Treaty creating the International Criminal Court (ICC), in accordance with the provisions of Article 127. It is worth recalling that prior to Burundi's withdrawal notice, the Office of …

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