Professors Brian Ray and Jonathan Witmer-Rich were panelists at the Cleveland Community Police Commission’s Community Forum on Police Surveillance. Professor Witmer-Rich addressed the Fourth Amendment issues raised by the dramatic increase in the Cleveland police’s use of these technologies. Professor Ray discussed the ways that other cities, like Oakland, California, have adopted ordinances requiring transparency, accountability and community oversight.
Monthly Archives: May 2024
Professor Witmer-Rich Discusses Trump’s Convictions on Sound of Ideas
Professor Jonathan Witmer-Rich participated in a panel discussion of former President Donald Trump’s recent convictions on WCPN’s Sound of Ideas Reporter’s Roundtable.
Professor Milena Sterio Addresses Trump’s Political Prisoner Claim
Professor Sterio Shares Expertise on Accountability and International Law
Professor Milena Sterio participated in a meeting of the U.S. Institute of Peace’s Expert Working Group on Accountability in an Era of Strategic Rivalry on May 29. This Expert Working Group (members are invited based on their expertise) studies the impact of strategic political rivalries on norms and institutions of accountability for the commission of atrocity crimes, with the goal of generating recommendations to strengthen global commitment to these norms.
Professor Sterio also participated as an expert in a training on negotiation, mediation, and international law principles for a cohort of Kenyan Ministry of Foreign Affairs diplomats on May 29. The training session focused on procedural issues regarding negotiation and mediation, as well as on relevant substantive issues such as self-determination, power-sharing, federalism, and transitional justice.
Professor Kalir Criticizes SCOTUS’ “Merely Performative” Code of Ethics
Recent revelations relating to Justice Alito’s actions following the 2020 elections, in particular the flying of two flags closely associated with pro-Trump supporters, raised new questions about his impartiality and objectivity in the several Trump-related cases now pending before the Court.
In an interview with Business Insider, Professor Kalir opined that Alito’s actions clearly call into question his impartiality. This is because, by now, his objectivity “might reasonably be questioned,” which is the standard followed by the Code of Conduct. The Code provides several examples to this general rule, including one where the judge “has made a public statement that . . . appears to commit the judge to reach a particular result” in the case, which seems to fit neatly in this matter. Alas, the Supreme Court never agreed to be bound by the Code of Judicial conduct. And the new Code issued by the Court just a few months ago, while maintaining the general impartiality standard, conspicuously omits the provision relating to public statements.
In any event, Professor Kalir reminds us that the new Supreme Court Code is merely performative, and is not binding in any real sense. Indeed, without any enforcement mechanism – either internally within the Court or externally – the odds that the recent revelations would have any effect on Justice Alito are slim to none.
Prof. Ray Co-Authors U.S. Biometric Privacy Primer
Professor Brian Ray co-authored the recently published The Sedona Conference U.S. Biometric Systems Privacy Primer (“Primer”).
Ray led the drafting group of experts in the legal and technical aspects of biometric identity systems who drafted the Primer to provide a general introduction to biometric systems and a summary of existing U.S. laws regulating the collection, use, and sharing of the biometric information these technologies collect.
This Primer is written as a resource for lawyers, judges, legislators, and other policymakers. It provides a general guide to the relationships among the technical, legal, and policy aspects of biometric systems—with a particular focus on privacy and related concerns these systems may raise.
Professor Kalir Criticizes the Supreme Court’s Complete Immunity Approach
Last week the Supreme Court heard oral argument regarding Mr. Trump’s claims of complete immunity from criminal prosecution for crimes he committed while serving as the President.
In a new Op-Ed, Professor Doron Kalir criticized the Supreme Court’s approach to this issue as revealed by several Justices. The short piece argues that our historical founding documents – both the Declaration of Independence and the Constitution itself – leaves very little room to argue that the President may violate the law with impunity. In fact, the opposite is true; as then-Judge Jackson noted, our history demonstrates that Presidents are not kings.
But perhaps more important than any legal line-drawing, Professor Kalir warns that democracy itself may be hanging in the balance. A reversal – technical as it may be – of the opinion below may be convincingly painted by the Trump campaign as “complete exoneration by the Supreme Court.” That, coupled with the fact that the opinion is likely to be issued very close to the election, may tip the scale in favor of a new authoritarian regime. Such result should be prevented at all costs by the Court.
Click here for full access: https://www.cleveland.com/opinion/2024/05/complete-immunity-why-the-supreme-court-is-about-to-give-trump-a-gift-and-maybe-the-election-doron-m-kalir.html
Prof. Robertson Shares Expertise on Ohio’s Energy Development Laws
Professor Heid Gorovitz Robertson was interviewed by the Energy News Network and quoted in an article regarding Ohio’s legislative and regulatory approaches to oil gas development as compared with its approach to renewable energy development. You may find the resulting article here:
Robertson is the Steven W. Percy Distinguished Professor of Law at CSU|Law and Professor of Environmental Studies at the Levin College of Public Affairs and Education at Cleveland State University.
Professor Kalir Criticizes the Supreme Court’s Complete Immunity Approach
Last week the Supreme Court heard oral argument regarding Mr. Trump’s claims of complete immunity from criminal prosecution for crimes he committed while serving as the President.
In a new Op-Ed, professor Kalir criticized the Supreme Court’s approach to this issue as revealed by several Justices. The short piece argues that our historical founding documents – both the Declaration of Independence and the Constitution itself – leaves very little room to argue that the President may violate the law with impunity. In fact, the opposite is true; as then-Judge Jackson noted, our history demonstrates that Presidents are not kings.
But perhaps more important than any legal line-drawing, Professor Kalir warns that democracy itself may be hanging in the balance. A reversal – technical as it may be – of the opinion below may be convincingly painted by the Trump campaign as “complete exoneration by the Supreme Court.” That, coupled with the fact that the opinion is likely to be issued very close to the election, may tip the scale in favor of a new authoritarian regime. Such result should be prevented at all costs by the Court.
Prof. Sterio Participates on Global Conflicts Panel
Professor Milena Sterio participated in the Centre for the Study of United Nations – O.P. Jindal Global University conference on “Confronting Global Conflicts and the Rule of Law: A Focus on Russia-Ukraine and Israel-Hamas” on May 3; Professor Sterio’s panel was on the specific topic of “Focus on Actions and Challenges in the Russia-Ukraine and Israel-Hamas Conflicts, and Discussion on Proposed Reforms.”
CSU Law Faculty 