Plain Dealer Publishes Professor Kalir’s Op-Ed on the Growing Rift Between The Supreme Court and Lower Courts

On December 17, Professor Kalir published an op-ed on Cleveland.com titled, “Texas redistricting case highlights growing judicial rift.” In the op-ed, Professor Kalir reviewed the recent Supreme Court “shadow docket” opinion in the Texas redistricting case. In that case, the Court reversed a 160-page opinion by the lower court with a short statement, without oral argument and without any real reasoning. In dissent, Justice Kagan highlighted the paradox of overruling such a thorough work product with a cursory review “over a holiday weekend.” Professor Kalir, following a New York Times survey among lower-court judges, argued that this opinion is a harbinger of a growing rift between the “one Supreme Court” and “other inferior courts” that the Constitution had invested with the “judicial power” of the United States. 

Professor Witmer-Rich Comments on Hospital Detention Policy

Professor Jonathan Witmer-Rich was quoted in an article by Signal Cleveland, titled “He brought a gunshot victim to the Cleveland Clinic. Hospital police cuffed and detained him.” The article tells the story of Ibrahim Alim, who was detained by the Cleveland Clinic police when Alim dropped off a friend who had suffered a gunshot wound. The police also seized Alim’s car.

The article reports that the Cleveland Clinic has a policy directing police to detain any person who drops off a gunshot wound victim, without regard to the circumstances of the case.

Professor Witmer-Rich explained that this policy likely violates the Fourth Amendment:

To legally detain a person and their vehicle, police must reasonably suspect they are involved in criminal activity, said Jonathan Witmer-Rich, co-director of Cleveland State University’s Criminal Justice Center. Police officers have to assess each individual on a case-by-case basis, he added, looking for specific facts that show the person is involved in criminal activity.

But the Cleveland Clinic Police Department’s gunshot wound policy does not mention the standard of reasonable suspicion. As written, Witmer-Rich said it very likely violates the Fourth Amendment.

“The problem here is that this is a blanket policy,” Witmer-Rich said. “… And so a blanket policy that has you seize the car and the person every single time, I think, is not legitimate from a Fourth Amendment perspective.”

Professor Sterio Participates in Talking Foreign Policy Radio Show 

Professor Milena Sterio participated in another episode of Talking Foreign Policy, a quarterly radio show and podcast hosted by Professor Michael Scharf, Case Western Reserve University School of Law.  The program aired on Monday, December 2, and is available at the Ideastream Public Media website to listen to anytime at: Do US strikes against Venezuelan ships violate international law? | Talking Foreign Policy | Ideastream Public Media

In addition to Professor Sterio, panelists included Professor Harold Koh, Yale Law School and Former Legal Advisor to the State Department; Professor Rebecca Ingber, Cardozo Law School, and Dr Gregory Noone, Roger Williams Law School and Retired U.S. Navy Captain.

The episode focused on the legality of recent U.S. strikes against alleged narco-trafficking vessels originating from Venezuela and Colombia. 

Professor Sterio Interviewed by Fox 5 News Channel 

Professor Sterio was interviewed by the Fox 5 News Channel on May 1, about the case of Kilmar Abrego Garcia, a Maryland-based man who has been wrongfully deported to El Salvador.  Professor Sterio’s interview is available here: https://youtu.be/AP4YyH_LxK8?si=BcsFASegWHdMdfM5

Professor Sterio Co-Hosts International Law Chats

International Law Chats is a podcast from the American Branch of the International Law Association (ABILA), hosted by Professor Chiara GiorgettiAlison Macdonald KC, and Professor Milena Sterio. Episodes air on the first Monday of every month and feature prominent guests in the field of international law. Episodes are available on Spotify, YouTube, and our website.

This month’s episode features Professor ⁠Gian Luca Burci⁠, Adjunct Professor of international law at the Graduate Institute of International and Development Studies, Geneva since 2012. He is also the Director of the joint LLM on Global Health Law and Governance between the Graduate Institute and Georgetown Law School, as well as Academic Adviser in the Global Health Centre of the Graduate Institute. Since 2016, Prof. Burci has been a Visiting Professor and Senior Scholar at the O’Neill Center on National and Global Health Law, Georgetown University School of Law. He shares his thoughts on the WHO global pandemic treaty and the future of global health law. 

Listen to Episode 2: Look WHOs Talking? below and subscribe to the podcast on Spotify and YouTube.

Professor Milena Sterio Serves as Peer Reviewer for International Criminal Law Review

Professor Milena Sterio submitted an expert review to the International Criminal Law Review. Professor Sterio was solicited by the Review to serve as a peer reviewer; the Review is a top-ranked peer-reviewed journal in the field of international criminal law.  

Professor Sterio Participates in Expert Meeting with Latvian State Secretary

On October 13, Professor Milena Sterio participated in an expert group discussion, organized by the Cleveland Council on World Affairs, with Latvian State Secretary Aivars Puriņš on European security and US-NATO cooperation.

State Secretary Puriņš traveled to Cleveland as part of a German Marshall Fund Across America trip focused on the state of transatlantic defense cooperation and the deep ties that connect Americans and European communities across the Atlantic. Ohio has a large defense manufacturing sector, and participants in this trip will engage with state and local elected officials, students, and business leaders to further the discussion around what it means to be part of NATO and the importance of the alliance’s role in security and prosperity in the United States and Europe.

Professor Sterio serves on the Cleveland Council on World Affairs’ Board of Directors.  

Professor Sterio Organizes, Participates in American Society of International Law Meeting

Professor Milena Sterio co-organized and participated in the American Society of International Law’s Midyear Meeting, which took place in Cleveland from September 25 to 27.  Professor Sterio co-chaired the Midyear Meeting and helped organize the entire conference, which consisted of the Practitioners’ Forum, held at Jones Day, and the Research Forum, held at Case Western Reserve University School of Law. 

During the Practitioners’ Forum, on September 25, Professor Sterio moderated a panel on the topic of “Algorithms on Trial: Navigating the Nine-Figure Litigation Minefield of Generative AI.”  During the Research Forum, on September 26, Professor Sterio presented her paper, on the topic of “The Role of International, Regional, and Domestic Courts in Transitions Toward Peace and Security.” On September 27, she also moderated a panel on the topic of “Accountability under International Legal Frameworks.”

Professor Luisetto Presents at UC Berkeley Collective Bargaining Conference

On September 19, Professor Lorenzo Luisetto presented his paper, “Collective Bargaining and Monopsony: The Regulation of Noncompete Agreements in France,” at the Collective Bargaining Special Issue Conference hosted by the UC Berkeley Institute for Research on Labor and Employment. The conference brought together industrial relations scholars from around the world, including keynote speakers Christian Dustmann and David Card (2021 Nobel Prize winner).

In his paper, Professor Luisetto examines how the regulation of noncompete agreements for employees through collective agreements affects firm-level markdowns in the French manufacturing sector. A key takeaway is that, by enhancing compliance or imposing additional requirements, collective bargaining serves as an effective tool to regulate the use of noncompete agreements in France.

Professor Milena Sterio Presents at International Law Conference in Berlin

On September 11, Professor Milena Sterio presented her research at the European Society of International Law Conference in Berlin, Germany. Her paper, “The Role of International, Regional, and Domestic Courts in Transitions Toward Democracy,” was selected through a highly competitive call-for-papers process.

In her work, Professor Sterio examines how courts can play an essential role in supporting peace and democracy when traditional global security mechanisms falter. She argues that the United Nations Security Council—long the cornerstone of international peace and security since 1945—has become increasingly paralyzed. In this context, judicial bodies at the international, regional, and domestic levels may step in to fill the void.

When courts determine that a state has violated international law, or that a leader bears responsibility for atrocity crimes, they not only advance transitional justice but may also help restore peace and security within affected regions. Professor Sterio’s scholarship highlights the evolving role of courts in shaping pathways toward democracy in times of crisis.