Law Archives

Military justice: will the arc continue to bend in a progressive direction?

By Eugene R. Fidell

Rarely has there been a time in which military justice has loomed so large, or in such diverse ways. Certainly at any given time there are likely to be one or two high profile cases around the world, but lately it has seemed that the subject is never long out of the public eye. Consider the following kinds of issues: A Russian soldier stationed in Armenia murders a local family. Who should prosecute him for the murder, Russia or Armenia?

What exactly is ‘contract theory’?

By Amelia Carruthers

At first glance, it may seem a dizzyingly impenetrable subject matter, but Oliver Hart and Bengt Holmström’s contributions to ‘contract theory’ have revolutionized the study of economics. They have recently been awarded the 2016 Nobel Prize in Economic Sciences, with the presentation committee noting how their pioneering analysis laid the “intellectual foundation for designing policies and institutions in many areas, from bankruptcy legislation to political constitutions.”

What is the future of human rights in the UK following Brexit?

By Conor Gearty

Imminent departure from the European Union has delayed but not dimmed the British government’s determination to have done with domestic human rights law. Enacted in the early years of the Blair administration, the Human Rights Act 1998 has long irritated the Conservative Party and its influential friends. It is the recent attack on immigration launched by the Home Secretary Amber Rudd at the most recent Tory conference that makes the Act particularly vulnerable in the context of the move to Brexit.

What if they are innocent? Justice for people accused of sexual and child abuse

By Ros Burnett

Many people watching UK television drama National Treasure will have made their minds up about the guilt or innocence of the protagonist well before the end of the series. In episode one we learn that this aging celebrity has ‘slept around’ throughout his long marriage but when an allegation of non-recent sexual assault is made he strenuously denies it.

Brexit: environmental accountability and EU governance

By Maria Lee

Civil society will be preoccupied in the years to come with ensuring the maintenance of environmental standards formerly set by EU environmental law. This blog provides some thoughts on the less visible aspects of EU environmental governance, aspects that must be held up to scrutiny as we develop an accountability framework ‘independent’ of the rules and institutions of the European Union.

Alternate realities: Brexit and Pokémon

By Duncan French

I may not have understood the allure of capturing Pokémon (…) but I hope I am not so trenchant as to run around in the hope of spotting something even rarer; UK membership of the EU as it existed prior to 23 June 2016. That truly is becoming an alternate reality.

Churches and politics: why the Johnson Amendment should be modified and not repealed

By Edward A. Zelinsky

Speaking before the Family Research Council, the Republican nominee for president, Donald Trump, called for a repeal of the “Johnson Amendment.” The Johnson Amendment is part of Section 501(c)(3) of the Internal Revenue Code, and prohibits tax-exempt organizations such as schools, hospitals, and churches from participating in political campaigns. The Republican Party’s 2016 platform echoes Mr. Trump.

Air quality law in the United Kingdom at a crossroads

By Eloise Scotford

UK air quality law now finds itself at a crossroads. Air quality law is a well-established area of environmental law, having been at the vanguard of much of it. It is a well-established area across multiple levels of governance, with local and national regulation in the UK operating against a backdrop of binding EU standards and an international law framework for transboundary air pollution

A former child soldier prosecuted at the International Criminal Court

By Mark A. Drumbl

It’s easy to assume that only ‘evil’ people commit atrocity. And it’s equally easy to imagine the victims as ‘good’ or ‘innocent’. But the reality is far more complex. Many perpetrators are tragic. They may begin as victims. Victims, too, may victimize others. These victims are imperfect. Some victims survive – and some even thrive – because of harm they inflict.

The targeted killing of American citizens

By H. Jefferson Powell

On August 5, the Obama administration released a redacted version of its so-called “playbook” for making decisions about the capture or targeted killing of terrorists. Translated out of the bureaucratese: at least off the battlefield the President makes the final decision, personally, about the targeted killing of American citizens and permanent residents. Many people find this fact about the administration’s decisional process momentous. But is it?

Hourly rates becoming more and more mainstream in German arbitration

By Markus S. Rieder

What has long been standard market practice in many jurisdictions is becoming more and more mainstream in Germany, too: compensating counsel in arbitration cases on an hourly basis, and being entitled to have the defeated party pay for it.

Beyond the binary: Brexit, environmental law, and an interconnected world

By Liz Fisher and James Harrison

What are the narratives we can tell about the future of UK environmental law in light of the result of the UK EU referendum? Any answer is not just important for the UK, but will also directly shape our understanding of what nationhood means in an era of globalisation. That sounds a rather grandiose statement to make, but let us explain.

Law, gender equality, and social justice in India

By Sudhir Chandra

My research interests have for more than five decades been directly or obliquely related to the making and administration of laws, especially with regard to women, in colonial and independent India. Indeed, my first series of articles, which appeared in the early 1960s, was on social reform and legislation in 19th century India. A little later, while researching for my doctoral dissertation on early Indian nationalism, I got interested in the Maharaja Libel Case.

A democratic defence of the European Court of Human Rights

By Alice Donald and Philip Leach

‘Vote leave, take control’ was the slogan of almost fiendish simplicity that helped win the Brexit referendum, masking the mendacity and absence of vision that underlay it. The impulses it captures—wresting sovereignty back from remote elites to Westminster, with its proud democratic tradition—echo those that have for years underpinned the opprobrium directed at the European Court of Human Rights in Strasbourg in British public debate.

Why does the Democratic Party want the Cadillac tax abolished?

By Edward A. Zelinsky

Democratic Party platform for 2016 repudiates a major provision of Obamacare – but no one has said this out loud. In particular, the Democratic Party has now officially called for abolition of the “Cadillac tax,” the Obamacare levy designed to control health care costs by taxing expensive employer health plans. Tucked away on page 35 of the Democratic platform is this enigmatic sentence: We will repeal the excise tax on high-cost health insurance and find revenue to offset it because we need to contain the long-term growth of health care costs.”

How does international law work in times of crisis?

By Cedric Ryngaert, Dr. Cameron Jefferies, William A. Schabas, Başak Çali, and Mark Kersten

In preparation for the European Society of International Law (ESIL) 12th Annual Conference, we asked some of our authors to reflect on this year’s conference theme ‘How International Law Works in Times of Crisis’. What are the major challenges facing the field, and is international law effective in addressing these issues? What role do international lawyers play in confronting crises, both old and new?

In Sikh tradition, what is the name of the two-edged sword used in the Khalsa initiation ceremony?