Law

Top ten developments in international law in 2018

By Merel Alstein

This year was, once again, one of great political turmoil. The international legal order is not immune from the impact of the rise of populism and increasingly strained relations between many of the world’s most powerful states. A positive view is that we are witnessing a period of global re-adjustment. A more negative take is that there is a real risk of the fabric of the international legal order, created so carefully in the aftermath of the First and Second World Wars, unravelling.

Will Congress penalize colleges that increase tuition?

By Edward A. Zelinsky

Senator Charles Grassley of Iowa will serve as chairman of the Senate Finance Committee during the upcoming 115th Congress. Senator Grassley’s decision to lead the Finance Committee may have important consequences for the nation’s colleges and universities.

The merits of and case for Land Value Taxation

By Iain McLean and Martin Rogers

Politics matters for tax as tax matters for politics. The high-minded Scottish economist Adam Smith had ‘four maxims of taxation’: 1) Tax should be progressive.
2) Tax should be certain, not arbitrary.
3) Tax should be paid at the time most convenient to the contributor.
4) Tax should take as little from the contributors as possible to pay for the state.

How does the Supreme Court decide what the Constitution means?

By Jay M. Feinman

The US Constitution declares itself to be “the supreme law of the land.” Unfortunately, the meaning of the constitutional text is not always clear. Consider the abortion case Roe v. Wade.

How video may influence juror decision-making for police defendants

By Margaret C. Stevenson and Cynthia J. Najdowski

In recent years, these videos [depicting police brutality] have become increasingly available to the public and widely disseminated, fueling the launch of the Black Lives Matter movement demanding justice for minority victims of police violence. Yet, little research has explored how video is impacting juries when police actually go to trial as defendants.

International disability rights and the dilemma of domestic courts

By Anna Lawson and Lisa Waddington

Since 1992, 3 December has been the International Day of Persons with Disabilities. According to the World Report on Disability, approximately one in five people in the world are disabled and are at heightened risk of exclusion, disadvantage, and poverty. Law plays an important role in tackling this inequality and exclusion. For the past decade, the United Nations Convention on the Rights of Persons with Disabilities (the Disability Convention) – an instrument of international law – has been both a catalyst and guide for legislative reform enhancing the equality and inclusion of disabled people. To what extent, though, is this Disability Convention influencing domestic case law?

How video may influence juror decision-making for police defendants

By Margaret C. Stevenson and Cynthia J. Najdowski

In recent years, these videos [depicting police brutality] have become increasingly available to the public and widely disseminated, fueling the launch of the Black Lives Matter movement demanding justice for minority victims of police violence. Yet, little research has explored how video is impacting juries when police actually go to trial as defendants.

International law regarding use of force

By Alexandra Hofer

Through the power of precedent, international incidents involving the use of force help to clarify the meaning and interpretation of jus ad bellum, the corpus of rules arising from international custom and the United Nations Charter that govern the use of force. UN Charter Article 2(4) forbids states from using force in their international relations. Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors. In certain cases, state practice gives rise to new interpretations of existing rules or novel exceptions emerge.

Facing the challenges of serving the public as an academic

By Maria Lee

What does it mean to be an academic? To be an academic working in environmental law? One part of our multi-faceted role is what I am calling “public service”—trying to make our small portion of the world a slightly better place. Public service is difficult. Its demands, however, are rather similar to those we face […]

Time to abandon “beyond reasonable doubt”

By Adrian keane and paul mckeown

In England and many other countries around the world, the standard of proof to be met by the prosecution in order for the jury to convict an accused is proof “beyond reasonable doubt” or proof that makes the jury “sure” of guilt. These phrases are supposed to convey a very high standard of proof.

Environmental law and the core of legal learning: framing the future of environmental lawyers

By Eloise Scotford and Steven Vaughan

Environmental law has not been taught or seen as a ‘core’ legal subject, giving environmental law academics freedom to teach the subject in many different ways. This structural sidelining, however, belies important questions about how teaching environmental law relates to the core of legal learning. We are not suggesting that there is a core of […]

Are you an informed voter? [quiz]

With the 2018 U.S. midterm elections quickly approaching, it’s important that Americans feel prepared to enter the voting booths. To help our U.S. readers feel better prepared on election day, we created a quiz to test your knowledge on key political issues.

The strange and unusual laws of Italy [interactive map]

By Fiona Parker and Sophie Power

The International Bar Association Annual Conference will be held in Rome from 7th October through 12th October. It is one of the largest annual events for international lawyers, renowned for its exceptional line-up of speakers from around the world, excellent networking opportunities, and global mission to promote and develop key issues in law.

2018 Midterm Elections HQ | Oxford University Press

The United States midterm elections will decide who controls the Senate and House during the remaining years of the Trump Administration’s first term. In order for the Democrats to gain control over the House, they would need to see a net gain of 24 seats. To regain control of the Senate, Democrats would need to keep all of their seats and capture two of the Republican seats for a 51-49 majority. Of the seats up for election, 35 are held by Democrats, and 9 are held by Republicans. We’ve pulled together a collection of related books, articles, and social media content to help our readers better understand these elections. Be sure to check back each week, and follow our hashtag #BallotReady for more Midterms 2018 content.

Does TCJA Tax Churches? Should It?

By Edward A. Zelinsky

Does the new federal tax law, commonly known as the Tax Cut and Jobs Act (TCJA), tax churches as some have argued? If so, is this tax appropriate? The answers are “yes” and “yes.” The TCJA provisions taxing qualified transportation fringes treat secular and religious employers alike, including houses of worship. In a world of […]