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American politics is characterized by extreme partisanship and government stalemate. The two dominant political parties marshal reliably partisan interest groups with the objective of controlling both houses of Congress and the Presidency. Embracing the simplistic idea that the majority rules, the prevailing party then governs with little regard for the interests of the minority party […]
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In recent years, few issues have been as socially and politically fraught and divisive as the question of whether transgender girls should be permitted to participate in girls’ sports. In the United States, the political left and right have staked out opposite though equally absolutist positions. The left argues that transgender girls are girls and […]
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The United Nations Climate Conference (COP 31) will convene in Antalya, Turkey. Muslim-majority countries have hosted two recent COPs in Sharm el-Sheikh and Dubai and are now set to host in Antalya. That continuity reflects that the communities bearing the heaviest burden of climate change are disproportionately Muslim, disproportionately in the Global South, and disproportionately […]
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We live in an age of grand challenges, from climate change and the digitalisation of markets to rising inequality. Yet legal systems struggle to respond effectively, constrained by entrenched disciplinary boundaries. Law and regulation, public and private law, and European Union (EU) law and national law often operate in separate silos, limiting meaningful dialogue. My […]
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When people hear about artificial intelligence in justice, they often imagine a dystopian future in which a “robot judge” decides cases, replaces lawyers, and turns justice into a cold, automated process. That image is dramatic, but it is also misleading. What is actually happening is both more interesting and more important. AI is already beginning […]
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A Non-International Armed Conflict (NIAC) is a limited manifestation of the broader concept of armed violence. The factual and legal criteria for determining when a situation of armed violence reaches the of NIAC threshold remain complex and contested. The absence of a definition of NIAC in international law, coupled with the lack of any formal […]
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At the turn of the century, Charles Kingson, a respected academic, tax practitioner, and government official, observed that in the old days people sold you clothes face to face in downtown department stores; you bought heavy records for your phonograph and watched shows at their appointed time on network television. Companies delivered the wealth of […]
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As liberal democracies around the world are increasingly under pressure, facing the converging challenges of populism, technocracy, and widespread disaffection, the writings of Hans Kelsen offer compelling resources for our exceptionally unsettling times. Arguably the greatest jurist of the 20th century, he wrote in an age of single-party dictatorships and witnessed the downfall of constitutional governments […]
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