Those who are interested in national security law and military justice should take note that the most significant changes to the U.S. military justice system in almost 70 years will soon go into effect. We have not seen change on this scale since the adoption of the Uniform Code of Military Justice (UCMJ) in 1951.… Continue reading The Evolution of Military Justice Continues
Plural Justice: A Holistic Approach to Transitional Justice and Peacebuilding
Transitional justice processes often are too narrow and technocratic. Restorative and retributive justice alone may not lead to a stable peace, because it does not resolve underlying grievances that led to violent conflict. Therefore, transitional justice should incorporate conflict resolution, civil rights and participation, as well as socioeconomic and redistributive justice to address historical marginalization.… Continue reading Plural Justice: A Holistic Approach to Transitional Justice and Peacebuilding
Open for Submissions – Closing January 2019
The New England Law Review Forum is currently accepting submissions from professional authors until January 2019. The New England Law Review Forum is the online extension of the New England Law Review. The Forum is able to offer quick publishing turn-around because of its online home, and we are thus able to publish on both timely topics and topics that would… Continue reading Open for Submissions – Closing January 2019
Moving Forward: Supreme Court Appointments After Kavanaugh
In the wake of Justice Antonin Scalia’s passing in early 2016, the Republican-controlled U.S. Senate declined to give its advice on President Barack Obama’s nomination of Judge Merrick Garland to the high court, much less its consent. That move, along with the Republican-led elimination of the filibuster for Supreme Court nominations, has led to a… Continue reading Moving Forward: Supreme Court Appointments After Kavanaugh
Decoding Judge Kavanaugh’s “Open Mind” on Supreme Court Cameras
In one of the more substantive moments of this month’s Supreme Court Confirmation Theater, Judge Brett Kavanaugh was asked whether he would support broadcasting video of the Supreme Court’s oral arguments. Kavanaugh demurred, saying only that he would keep “an open mind” on the issue. Given that most members of the Supreme Court have come… Continue reading Decoding Judge Kavanaugh’s “Open Mind” on Supreme Court Cameras
Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence
The authority of States to impose taxes on remote sellers is an issue that calls up various constitutional principles, including (but not limited to) fundamental questions about federalism, the Due Process Clause, and the Commerce Clause. Last term, in South Dakota v. Wayfair, Inc., the Court was asked yet again whether a seller with no… Continue reading Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence
Left-to-Work for Less
Missouri voters gave the American labor movement a very welcome bit of good news earlier this month when by a 2-1 margin they refused to become the 28th state in the nation to adopt right-to-work legislation in the private sector. Coming on the heels of the U.S. Supreme Court decision in Janus v. AFSCME, which held… Continue reading Left-to-Work for Less
Putting Korematsu to Rest, Not a Moment Too Soon
More than a few commentators have noted the U.S. Supreme Court’s effort in Trump v. Hawaii, the travel ban case, to put to rest any lingering doubt about the validity of one of the nation’s most notorious judicial precedents, Korematsu v. United States. In that World War II-era case, the Court upheld the government-mandated internment… Continue reading Putting Korematsu to Rest, Not a Moment Too Soon
Faculty Blog: What the Improper Removal of Mueller Could Mean for Trump’s Presidency
President Trump has recently taken to Twitter to disparage Special Counsel Robert Mueller’s investigation of possible links between the Trump campaign and Russia during the 2016 election. Coupled with the Attorney General’s firing of former deputy director of the FBI Andrew McCabe days before his retirement, the President may be seeking to undermine Mueller’s credibility… Continue reading Faculty Blog: What the Improper Removal of Mueller Could Mean for Trump’s Presidency
Article Preview: Courts and Informal Constitutional Change in the States
The Constitution is at the heart of our state and individual rights and is the foundation of our very nation. When considering constitutional law, the Federal Constitution is the document that most frequently comes to mind. However, each individual state has its own state constitution that governs its residents simultaneously with the Federal Constitution. As… Continue reading Article Preview: Courts and Informal Constitutional Change in the States
