Analysis and Commentary on International Law
Democratic Roulette: Can France’s Two-Round Presidential Election System Contain a Populist Revolt?

Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, comments on the upcoming presidential election in France. Falvy explains the French election process, the contenders for the presidency, and the high stakes of the election.

Was Trump’s Bombing Syria Legal—And Does It Matter?

Cornell University law professor Michael C. Dorf comments on the legality of President Trump’s missile strike on a Syrian airbase under domestic and international law. Dorf describes the different stakes under domestic and international law of permitting military intervention for humanitarian purposes.

What Women Are Not Getting for Valentine’s Day This Year: Access to Reproductive Health Care Under the Trump Administration

SMU Dedman School of Law professor Joanna L. Grossman discusses the grave risks to women’s health under the Trump Administration, both within the United States and worldwide. Grossman explains the unprecedented breadth of President Trump’s executive order reinstating what is known as the “global gag rule” and vastly expanding its scope.

The New French “Right to Disconnect”— Can Legislation Alter Work-Life Balance?

University of Washington law professor Anita Ramasastry comments on recent legislation in France recognizing a “right to disconnect” to help workers establish work–life balance. Ramasastry argues that while laudable in its attempt to address changing social behaviors, legislation might not be the best way to address this growing problem, and it almost certainly would not work in the United States.

Funding the Judiciary: A Comparative Analysis of the United States and Brazil

Guest columnists Igor De Lazari, Antonio G. Sepulveda, and Carlos Bolonha critique recent significant budget cuts to Brazil’s federal judiciary. The authors explain the importance of ensuring the judiciary has sufficient funds and draw upon both U.S. and Brazilian precedence to argue that allocating funds for the proper function of the judicial branch is a legislative prerogative.

Balancing Teachers’ Liberty Against Students’ Right to Unbiased Education

Antonio G. Sepulveda, Carlos Bolonha, and Igor De Lazari comment on a law recently passed by the house of representatives of the Brazilian state of Alagoas—over the governor’s veto—that places certain restrictions on teachers’ autonomy in the classroom. Sepulveda, Bolonha, and De Lazari discuss the purpose of the law and the criticism leveled against it and draw upon United States federal case law as a basis for analysis.

Two Courts, Two Interpretations

Igor De Lazari, Antonio Sepulveda, and Carlos Bolonha discuss a recent decision by the Brazilian Supreme Court affecting presidential impeachment procedures. The authors point out that the United States and Brazil have similar constitutional origins of impeachment proceedings but that the two countries diverge in interpreting and applying those provisions.

Why Clinton and Sanders Are Both Right (and Trump Is Wrong) About International Trade

George Washington law professor and economist Neil H. Buchanan explains why Hillary Clinton and Bernie Sanders are both correct about international trade. Buchanan points out that there is no single set of policies that deserves to be called “free trade,” and thus that the term is incoherent.

Deciding Strategically: Lessons From a Brazilian Supreme Court Decision

Guest columnists Igor De Lazari, Antonio Sepulveda, and Henrique Rangel comment on a recent ruling by the Brazilian Supreme Court that criminal sentences may be enforced after a challengeable appellate court decision—a ruling the authors argue departs from the clear meaning of article 5, section LVII of the Brazilian Constitution. De Lazari, Sepulveda, and Rangel suggest that the ruling was based on strategic motivations by the justices, rather than purely on interpretations of the law.

Are the “bin Laden” Memos the New Torture Memos?

Cornell University law professor Michael Dorf comments on the memoranda that supported the legality of the 2011 Navy SEAL raid on Osama bin Laden’s compound in Pakistan. Dorf argues that these “bin Laden” memos are, in at least one respect, as bad as the infamous “torture memos” that authorized the Bush Administration to use “enhanced interrogation” techniques on prisoners suspected of terrorism.

An Avoidable Human Rights Disaster in the Dominican Republic

George Washington law professor and economist Neil Buchanan discusses the ongoing human rights disaster in the Dominican Republic stemming from that country’s treatment of Haitians. Buchanan argues that the United States should withdraw financial support for the Dominican Republic’s security forces in order not to provide support for human rights violations.

Blaming the Victims in Greece: Part Two of a Two-Part Series of Columns

In this second of a two-part series of columns, George Washington law professor and economist Neil Buchanan explains how the German-led policy regime is likely to hurt not just Greece’s people but also people elsewhere in the world. Buchanan also describes how the arguments from German policymakers amounts to blaming the victims of the very policies they imposed upon the Greeks.

Who Is to Blame for the Greek Crisis, the Greeks or Europe’s Leaders? Part One of a Two-Part Series of Columns

In this first of a two-part series of columns, George Washington law professor and economist Neil Buchanan explains why the situation in Greece is economically simple but politically nasty.

The New Torture Report: Expect Little Other Than Talk

Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.

Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede

Cornell University law professor Michael Dorf discusses Scotland’s recent vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law.

If Being Married Is the Goal, Beware the “Symbolic Resort” Wedding in Mexico

Hofstra University law professor Joanna Grossman comments on a recent divorce case in which a New York judge declared invalid a symbolic wedding in a Mexico resort. Grossman describes the facts of that case and the various complex issues the court considered in determining whether the couple was married under New York law.

The Supreme Court Ducks a Treaty Power Question but Raises Broader Questions

Cornell University law professor Michael Dorf discusses the U.S. Supreme Court’s decision in Bond v. United States, handed down earlier this week. In that case, the Court considered whether the federal Chemical Weapons Convention Implementation Act applies to a Pennsylvania woman’s attempted use of mild toxins to cause a skin rash on a romantic rival. Dorf argues that the Court’s ruling sidesteps an important question about the scope of congressional power to implement treaties but that it also announces a presumption of statutory construction that could have far-reaching implications.

The Death Penalty in the United States and the Force of Regional Human Rights Law

Justia guest columnist and U.C. Berkeley School of Law professor Saira Mohamed discusses how the recent botched execution in Oklahoma signals the impact regional human rights laws can have beyond borders. Mohamed explains how the development of various European laws and corporate policies have contributed to changes in lethal injection practices in the United States. She notes that European opposition to capital punishment led to the adoption of a European Union regulation restricting trade in drugs that could be used for the purpose of lethal injection. Mohamed concludes that despite the common perception that human rights laws are toothless, limited laws such as those in Europe demonstrate the capacity of human rights law to have wide application, shape state practices, and impact human lives.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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 the Dwight D. Opperman Professor, Director, Center for Labor and Employment... 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

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell... more

Lesley Wexler
Lesley Wexler

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