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A Loss for Public Participation
Full text linkOvershadowed in the blitzkrieg of orders and actions of the Trump Administration that are seemingly intended to assert complete presidential control over the executive branch was a recent rule issued by the U.S. Department of Health and Human Services (HHS) on March 3, 2025, signed by new Secretary Robert F. Kennedy, Jr
Upholding the Absolute Prohibition of Torture: AfCHPR on Detention in Tanzania
Full text linkOn September 3, 2024, the African Court on Human and Peoples’ Rights (AfCHPR) rendered its decision in Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania. The case involved two Burundian nationals who, as refugees in Tanzania, were implicated in a murder-for-hire scheme. This scheme was allegedly orchestrated by Mama Mboya—the wife of a high ranking commanding officer who suspected the victim of having an affair with her husband. Convicted in 2007, the applicants were sentenced to death by hanging. In their petition to the AfCHPR, they argued that they had been subjected to torture and inhumane conditions at various stages of their detention, in violation of their rights under Article 5 of the African Charter on Human and Peoples’ Rights (ACHPR), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CID)
Double Standards in the Drug Trade: How European Nations Escape Sanctions While Senegal May Bear the Burden
Full text linkThe focus of international drug control policies on sanctioning transit countries like Senegal for drug trafficking overlooks the significant role played by drug-consuming nations such as France and Spain. Despite a notable decrease in local drug consumption due to democratic progress and strong religious roots, Senegal remains a major transit hub for narcotics destined for Europe. This Comment argues that drug-consuming countries are equally culpable under international law and should face comparable sanctions to effectively address the global drug trade. This Comment highlights the imbalance in sanction implementation and advocates for a more equitable approach, recommending minimal sanctions for Senegal while imposing harsher penalties on France and Spain. By targeting both supply and demand sides, the international community can create a more effective and balanced strategy to combat the global drug trade, aligning with the objectives outlined in the Single Convention on Narcotic Drugs (1961) and the Convention on Psychotropic Substances (1971)
Experts discuss rise in book bans that disproportionally affect LGBTQ titles
No full textPanelists at an ABA webinar on librarian rights and censorship of books about the LGBTQ community agreed that lawyers could do more to help raise awareness about the issue.
Stephen Wermiel, professor of practice in constitutional law at American University Washington College of Law, said there is a need to raise awareness because of misrepresentations in the book ban debate about the harms of exposure to LGBTQ-related materials.
“I think educating people and using … lawyers in the communities to fight back and really to just disseminate accurate information to put out fires is a critical role,” Wermiel said
Blockchain (And Crypto): The New Emperor\u27s Clothes of Technology ft. Prof. Hilary Allen
No full textMailing It In: Due Process Requires Technology-Driven Safeguards in Public Benefits
Full text linkDue process in safety net public benefit programs requires agencies to employ modern technology in providing notice that is reasonably likely to reach participants. The Supreme Court has held that due process is dependent on the time, place, and circumstances in which it operates. Scholars have further argued that due process is adaptable to changing facts and circumstances over time. Yet, mailed paper notices remain the standard in providing notice to participants in public benefit programs.
Living in poverty today looks significantly different than it did nearly fifty years ago at the time of Mathews v. Eldridge, where the Court established the balancing test for adequate notice in such programs. Low-income individuals today face more unstable housing and other stressors that affect health and mental wellbeing, all of which create more extreme constraints on their time, and which make receiving and responding to a mailed notice difficult. Individuals’ and agencies’ use of technology has also rapidly increased. By examining a sample of public benefit programs across three states, it becomes clear that the existing notice is inadequate and additional procedural safeguards are due.
Thus, given the changed circumstances, as well as the reasonable capabilities of modern government agencies, reweighing the Mathews factors today would find mailed-only notices constitutionally inadequate and demand some form of electronic notice, such as email and text message. A “reasonably available technology” test may be the appropriate new baseline for evaluating the adequacy of a chosen mode of sending notices
Motion for Leave to File Brief of 31 Intellectual Property and Media Law Professors as Amici Curiae in Support of Appellant and Reversal
Full text linkAmici Intellectual Property and Media Law Professors respectfully move for leave to file a brief in support of Appellant in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3) and 11th Circuit Rule 29-1.1 The proposed brief is being tendered herewith. All parties have received notice of the filing of this motion and proposed brief. Counsel for Appellant has consented to the filing of the proposed brief; counsel for Appellee has advised that Appellee opposes the filing
The Tightrope Walk of FTAs: Balancing the Relationship Between Foreign Investments and Public Interests
No full textInvestors have the right to protect their investments just as host states have the right to protect public interests, otherwise recognized as public interest regulation. Arbitration can disrupt the balance between state and investor rights when it whittles away or strips entirely the state’s regulatory autonomy. Public interest regulation, such as environmental protection, remains critical as it holds states simultaneously accountable to, inter alia, their constituents as well as international norms and conventions. A trade agreement provision that infringes upon a state’s regulatory liberty may force it to navigate a complex legal landscape in which commitments to domestic and international audiences directly conflict with their need to adhere to the provision. Drafters must grant states heightened deference regarding public interest regulations to inhibit future conflicts between states’ legal duties and trade agreement obligations
Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
No full textCrackdowns on the legal profession — lawyers, judges and prosecutors — are part of a longstanding authoritarian playbook used around the world to silence dissent. Europe and Eurasia alone provide a plethora of examples — from European Union member Hungary — and previously Poland — to Belarus, Russia, Georgia, and Kyrgyzstan — governments seeking to centralize control have openly and systematically targeted those who defend the rule of law
Reigning in Rushed Recruiting
No full textThis presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward