Supreme Court Justice Clarence Thomas is unhappy again – not with a substantive ruling by the court, but with a decision by the majority to decline to hear a particular case. Last year, Thomas, joined by Justice Samuel Alito, dissented from a decision by the majority – one in a long line – not to… Continue reading The Supreme Court Declines to Resolve Yet Another Lower Court Conflict
The Latest Decision in the Keystone XL Saga: The State Department Fails to Explain an Environmental Reversal
This is a story that begins and ends with global warming. That global warming is happening and that human activities contribute to it is the overwhelming consensus of the science community, decades-deep in studies and expertise. That is a fact. I've heard and considered the proposition that all the scientists could be wrong -- doggedly… Continue reading The Latest Decision in the Keystone XL Saga: The State Department Fails to Explain an Environmental Reversal
Government Abuse of Power
In October of 2018, the Department of Homeland Security sent a “subpoena/summons” to an immigration attorney. The document stated: “You are requested not to disclose the existence of this summons for an indefinite period of time. The government works for, and at the behest of, the people.” The “subpoena/summons” requested the private attorney to supply… Continue reading Government Abuse of Power
The Evolution of Military Justice Continues
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
