Illinois Law professor Lesley M. Wexler analyzes the legality of Israel’s pager and walkie-talkie strikes against Hezbollah under international humanitarian law, focusing on the Convention on Conventional Weapons (CCW) and the prohibition on unnecessary suffering. Professor Wexler concludes that while the strikes likely fall under the CCW’s definitions of “booby-traps” and “other devices,” the question whether they violate the prohibition on unnecessary suffering remains open, pending more detailed information about the injuries caused and the military necessity of the tactics used ..read more

Cornell Law professor Michael C. Dorf discusses the current Supreme Court term and its potential implications for the 2024 presidential election. Professor Dorf argues that while the current docket seems relatively quiet, the Court’s history of partisan decisions favoring Republicans, combined with the possibility of election-related cases being added later, raises concerns about how the Court might handle potential challenges to the 2024 election results, particularly if Trump loses and uses his loyalists in state legislatures or other organs of government to declare him the winner anyway ..read more

Amherst professor Austin Sarat discusses the Supreme Court’s decision to hear a case that could expand the use of DNA evidence in capital punishment cases, focusing on Ruben Gutierrez’s appeal in Texas. Professor Sarat argues that the Court should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered ..read more

UC Davis Law professor Vikram David Amar discusses the legal arguments surrounding Robert F. Kennedy Jr.’s attempt to remain on some state ballots for the 2024 presidential election, particularly focusing on the applicability to presidential elections of the Supreme Court’s U.S. Term Limits, Inc. v. Thornton ruling. Professor Amar argues that invoking the Term Limits case in the context of presidential elections is logically flawed and historically inaccurate, as Article II of the Constitution grants states broad powers in selecting presidential electors, unlike the more restricted state power ..read more

Illinois Law professor Lesley M. Wexler examines the legal implications of Israel’s alleged attacks on Hezbollah’s pagers and walkie-talkies in Lebanon, focusing on how these actions may be interpreted under the Convention on Conventional Weapons (CCW), particularly its provisions on booby-traps and other devices. Professor Wexler explores various interpretations of the CCW’s articles, questioning whether the attacks constitute booby-traps under the convention’s definition, whether they violate prohibitions on using apparently harmless objects as weapons, and whether they comply with restricti ..read more

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss a legal challenge to Mississippi’s law allowing the counting of absentee ballots that arrive up to five business days after Election Day, as long as they are postmarked by Election Day. Professors Amar and Mazzone argue that the law is consistent with federal election statutes and constitutional principles, and that the plaintiffs’ interpretation of “Election Day” is overly narrow and inconsistent with other accepted election practices ..read more

Amherst professor Austin Sarat discusses the state of capital punishment in the United States, reflecting on the recent milestone of 1,600 executions since 1976 and examining trends in public opinion, exonerations, and execution practices. Professor Sarat argues that while the country has made progress toward abolition, persistent issues such as false convictions, racial bias, and botched executions highlight the fundamental flaws in the death penalty system ..read more

UC Davis Law professor Vikram David Amar and researcher Ethan Yan discuss age-based discrimination in absentee voting laws across eight U.S. states, examining their compatibility with the Twenty-Sixth Amendment to the Constitution. Professor Amar and Mr. Yan argue that these laws, which favor older voters, violate the Amendment's clear prohibition of age discrimination in voting rights and should be challenged in court, criticizing recent circuit court decisions that have failed to properly interpret the Amendment's equality mandate ..read more

Cornell Law professor Michael C. Dorf discusses a topic that came up in the recent debate between Donald Trump and Kamala Harris, focusing on Trump’s remarks about healthcare and a legal challenge to a key provision of the Affordable Care Act (ACA) in the Supreme Court. Professor Dorf argues that while Trump lacks a clear plan to replace the ACA, Republican officials and their allies are systematically attempting to dismantle the law through litigation, not because they have a better alternative, but because they ideologically oppose government involvement in healthcare and resent the ACA’s su ..read more

Criminal defense attorney Jon May critically analyzes the Department of Justice’s Corporate Whistleblower Awards Pilot Program, discussing its flaws and potential solutions. Mr. May argues that the program is fundamentally flawed due to its lack of certainty in awarding whistleblowers, prioritization of victim compensation over whistleblower awards, disqualification of whistleblowers eligible for other programs, and demanding cooperation requirements, ultimately deterring potential whistleblowers from coming forward with crucial information about corporate wrongdoing ..read more