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Overriding the Constitution: Populism, the Notwithstanding Clause, and its implications for Canada’s rights framework

05.20.19

  BY ZACHARY SMITH On March 26, 2019, Quebec Premier François Legault confirmed that his government intended to preemptively override Canadian constitutional rights when passing Bill 21, An Act Respecting the Laicity of the State. While political taboos have historically prevented governments from using such overrides, normalization and changing political rhetoric have removed the restraints […]

The Legal Information Service: Expanding Access to the Law

04.30.19

A proposal to provide free public access to legal information through a federally managed web portal. BY JONATHAN SCLARSIC You cannot Google the law—the United States has essentially privatized access to much of written law. This privatization has created an infamous industry that drives up legal costs and prevents many citizens from accessing important legal […]

Individual Bias or Systematic Discrimination? Clarifying the Legal Stakes of Students for Fair Admissions v. Harvard

11.15.18

BY NATHANIEL EISEN What are the stakes of Students for Fair Admissions (SFFA) v. Harvard? Is affirmative action on the line, or just the jobs of a few discriminatory admissions staff? Experts disagree. The lawsuit, brought by a group representing Asian Americans who claim they were denied admission to Harvard College based on their race, […]

Paraguay moves forward with the implementation of the electronic judicial process

10.19.16

Last Monday, October 10th, will be remembered as the day the electronic judicial process was formally introduced within the Paraguayan legal system, which unquestionably constituted an unprecedented breakthrough for the judiciary in this country. Alberto Martínez Simón Judge of the Civil and Commercial Upper Chamber of Asunción, Paraguay. Source: ABC Color, Paraguay The HKS Latin American Policy […]

Fairness and Justice

Amending Inadmissibility for Syrian and Iraqi Victims of ISIL

04.14.16

Living Under ISIS Under existing United States law, asylum-seekers having given material support to designated terrorist organizations cannot apply for asylum in the United States. This is called the material support statute under the Immigration and Nationality Act (INA) and is meant to protect the United States from admitting potentially dangerous refugees. In the Syrian […]

Human Rights

In Legal Academia, a War of Words over Whether to Mourn Justice Scalia

02.18.16

BY DANIEL TOSTADO Among all the numerous Latin phrases that I have picked up at law school, today this one is most apt: “De mortuis nihil nisi bonum,” –Do not speak ill of the dead. A war of words started innocuously enough on Sunday, when Georgetown Law Dean William Treanor issued a statement on behalf […]

Are European Policymakers Making the Job of Terrorist Recruiters Easier?

03.30.15

On March 10th, the British parliament rushed through new anti-terror laws aimed at stopping potential jihadists from traveling abroad. In less than 15 minutes, it banned people subject to a “Terror Prevention and Investigation Measure” from boarding planes and obliged airlines to provide the government with detailed passenger lists. The Parliament further instituted “temporary exclusion […]

International Relations and Security

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