A Collaboration with the University of Pittsburgh
by Glenn C. Smith

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the potential implications of the US Supreme Court's recent opinion in Masterpiece CakeshopOne of the year's most-watched Supreme Court controversies, Masterpiece Cakeshop, Limited v. Colorado Civil Rights Commission, was never likely to deliver the full face-off between Religious Free Exercise and Anti-Discrimination Rights that many people expected. As …

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by Jared Staver

JURIST Guest Columnist Jared Staver of Staver Law Group, discusses changes in the admissibility of social media evidence in personal injury cases... In a recent opinion on March 15, 2018, the Pennsylvania Superior Court issued a statement about the use of social media evidence in court cases. The relevant case, Commonwealth v. Mangel, was a criminal case; however, the implications …

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by JURIST Contributor

JURIST Guest Columnist Louis René Beres of Purdue University discusses Israel's exclusion from the trial of Saddam Hussein and overlapping mindsets with the current conflicts... Nullum crimen sine poena,  "No crime without a punishment." - Nuremberg Tribunal, Final Judgment, 1946 Whether formally codified or merely personal, memory must always lie at the heart of justice. Today, however, almost no one …

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by Kathryn Tucker

JURIST Guest Columnist Kathryn L. Tucker, Executive Director of End of Life Liberty Project, discusses California's aid-in-dying act... California was the 5th state to explicitly permit mentally competent terminally ill patients to obtain a prescription from their physician for medication the patient may ingest to achieve a peaceful death, a medical practice known as aid in dying. This option appeals …

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by Wesley M. Oliver

JURIST Guest Columnist Wesley M. Oliver of Duquesne University Law School, burglary sentencing under the ACCA... The federal Armed Career Criminal Act (ACCA) provides, among other things, that felons who are found in possession of a weapon will receive enhanced punishment if the felon has previously been convicted of burglary, arson, or extortion. The punishment for the offense of being …

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by Glenn C. Smith

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the recent Supreme Court case making waves for allowing state and local governments to participate in sports-betting enterprises...The high-profile Supreme Court ruling in Murphy v. National Collegiate Athletic Association, in which 6 Justices paved the way for state and local governments and private entities to participate …

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by Louis René Beres

JURIST Guest Columnist Louis René Beres of Purdue University discusses the potential implications of nuclear diplomacy between the United States and North Korea.... "Where will it end? When will it all be lulled back into sleep, and cease, the bloody hatreds, the destruction?" -Aeschylus, presenting the conclusion of Agamemnon If US President Donald Trump should sometime manage to re-start the …

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by Karla McKanders

JURIST Guest Columnist Karla McKanders of the Vanderbilt University Law School discusses a recent decision issued by the Attorney General and its implications on the judicial immigration process...Yesterday, in Matter of Castro-Tum, the Attorney General issued a decision unilaterally overturning two precedential immigration decisions; Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), Matter of W-Y-U-, 27 I&N Dec. 17 …

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by Ines Soumhi

JURIST Guest Columnist Inès Soumhi of Pitt Law, discusses the impact of European Law on the French Tax System... In January 2018, the French Parliament formalized - as part of the 2018 Finance Act - several tax changes likely to impact companies including the repeal of the 3% additional tax on redistributions from the French Tax Code. This suppression, estimated …

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by Irene Scharf

JURIST Guest Columnist, Irene Scharf, of the University of Massachusetts School of Law discusses how the "catch and remove" policies of the Immigration and Customs Enforcement violate the equal protection clause of the U.S. Constitution... In early April, the ACLU filed a lawsuit challenging recent arrests being conducted by Immigration and Customs Enforcement (ICE), a division of the Department of …

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by Heidi Gilchrist

JURIST Guest Columnist Heidi Gilchrist of Brooklyn Law School discusses the fundamentality of higher education... As high school seniors across the country make their college decisions right now, I would like to raise awareness for higher education as a human right. Many high school graduates will get into the college of their dreams, but their families will be unable to …

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by Louis René Beres

"JURIST Guest Columnist Louis René Beres of Purdue University, discusses the War in Syria and the potential escalation of future global conflicts ...     "Where will it end? When will it all be lulled back into sleep, and cease, the bloody hatred, the destruction?" -Aeschylus (Oresteia), presenting the ending of Agamemnon               Currently, the Korean peninsula, Syria and the wider …

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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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