Analysis and Commentary Posted in 2025-02
International Criminal Court Issues Arrest Warrants Against Israeli Prime Minister Netanyahu and Former Defense Minister Gallant

NYU Law professor Samuel Estreicher and 2L Matthew Fouracre exploree the legal and jurisdictional complexities surrounding the International Criminal Court’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, focusing on the challenges against the ICC’s jurisdiction and the implications of head of state immunity. Professor Estreicher and Mr. Fouracre argue that while the ICC’s jurisdiction is contested due to Palestine’s statehood status and international legal principles, the varying international responses underscore a broader debate on the enforceability of such warrants against high-ranking officials.

Trump Invites Assassinations of Perceived Enemies

Cornell Law professor Michael C. Dorf discusses the actions taken by Donald Trump shortly after his inauguration, focusing on his disregard for democratic norms and the potential legal violations involved, particularly highlighting the removal of security details from political adversaries like Mike Pompeo, John Bolton, and Anthony Fauci. Professor Dorf argues that these decisions reflect Trump’s vengeful and autocratic tendencies, likening his behavior to that of a dictator or crime boss, and warning of the broader implications for democratic governance and personal safety of those perceived as his enemies.

California, Not Texas, May Be the Last Frontier for America’s Death Penalty

Amherst professor Austin Sarat explores the paradoxical status of the death penalty in California, highlighting its high number of death row inmates and new sentences despite a moratorium on executions and a progressive stance. Professor Sarat contrasts this with Texas’s declining death penalty numbers, emphasizing the complex political landscape in California where local prosecutors and public opinion continue to support capital punishment, creating challenges for abolitionists trying to effect change.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more