Professor Doron Kalir has published an op-ed on Cleveland.com titled, “Stop calling it a ‘trial.’ Senate impeachment proceedings had no resemblance to one.” Professor Kalir points out many striking differences between the Senate impeachment proceedings and an ordinary legal trial. He notes that the many of the “jurors” were either victims of or witnesses to the attack. In addition, some of those supposedly neutral jurors actively met with the defense team during the trial–and others made a public display of disregarding the evidence as it was presented. Several Senators announced their decision before the “trial” even began.

Finally, Professor Kalir calls out “the most ostentatious” departure from a real trial, the conduct of Senator Mitch McConnell. Professor Kalir explains that Senator McConnell took two remarkable steps that would be unheard of in an ordinary trial: he first delayed the trial so that it would not start until after President Trump was no longer in office, and he then relied on that very fact as a reason to vote against conviction.

Professor Kalir concludes, “please, stop calling it a ‘trial.’ It is demeaning to the very concept of a legal proceeding. Instead, just call it a GOP free-for-all. This would be a much more appropriate description.”

Professor Reginald Oh has published two op-eds on Demcast.

The first is titled “The Constitutionality of Convicting a Former President for High Crimes,” and argues that the Senate has the authority to convict a former president. He concludes, “Ultimately, whether the Senate acquits or convicts Trump, they should do so on the merits, not on jurisdictional grounds. The Constitution demands it.”

The second op-ed is titled “The Postmaster General is Unconstitutional,” and argues that the current process for appointment of the postmaster general is unconstitutional, because this office should be viewed as “a principal officer.” As such, Professor Oh explains, “the only person who has the power to appoint him is the president,” and the “[t]he statute authorizing the Board of Governors to appoint the Postmaster General . . . violates the Appointment Clause.”

On Feb. 15, 2021, Business Insider published a piece discussing the possible application of Section 3 of the Fourteenth Amendment on former President Trump. In the interview, Professor Kalir discussed the historical, political, and legal background of Section 3.

Section 3 provides that “No person” may hold “any office” in the United States (or any state) if, having previously taken an oath to support the Constitution, they “engaged in insurrection or rebellion” against the United States, or gave “aid or comfort to the enemies thereof.”  

Professor Kalir opined that invoking the section today — more than a century after it was last applied — in an attempt to prevent a person from running to the office of President of the United States may raise several significant legal issues — including constitutional text, separation of powers, and precedent.

Professor Milena Sterio published a blog post on Opinio Juris, on the topic of “Civil Society Documentation Efforts: Working Together to Identify and Find Solutions” (co-authored with Dr. Brianne McGonigle Leyh, Utrecht University, and Dr. Gregory Noone, Fairmont State University).  The post discusses human rights documentation efforts led by civil society organizations, as well as the recent Public International Law and Policy Human Rights Documentation Report, which Professor Sterio and her co-authors have contributed toward.  The blog post is available here: http://opiniojuris.org/2021/02/09/civil-society-documentation-efforts-working-together-to-identify-and-find-solutions/

Professor Milena Sterio was quoted in an article about the election of the new International Criminal Court prosecutor.  The article, “Last Men Standing for the ICC Prosecutor Election,” is available here: Last men standing for the ICC prosecutor election – JusticeInfo.net

Professor Milena Sterio participated as a panelist in an event titled “Sanctions Against the International Criminal Court: Constitutional and International Law Issues” on Jan. 27.  The event was co-sponsored by the American Branch of the International Law Association – ICC Committee, the AALS National Security Law Section, and the American Society of International Law. 

This panel discussion focused on sanctions imposed by the U.S. government against the ICC. Professor Sterio, as well as another panelist, Professor Leila Sadat, Washington University School of Law, are plaintiffs in two different law suits against the U.S. government, challenging the constitutionality of the sanctions regime.

On January 29, Professor Milena Sterio moderated an expert roundtable discussion on the “Rohingya Genocide.”  The discussion was organized by the Public International Law and Policy Group, a prominent Washington, D.C.-based NGO. Panelists discussed legal issues surrounding the atrocities committed against the Rohingya minority group by Myanmar armed forces, and whether these atrocities constituted genocide.

Professor Doron Kalir was interviewed on the upcoming (second) impeachment trial of former President Donald Trump. On Friday, Feb. 5, he was hosted by Peter Groff (a former Obama Administration Official) and Charles Ellison of WURD Radio Philadelphia for a prolonged zoom session on the B|E Note video hour. On Monday, Feb. 8, he was interviewed on WURD Radio on both procedural and substantive issues relating to the upcoming trial. 

Professor Heidi Gorovitz Robertson was interviewed for a story in Communications Daily regarding Viasat’s request that the FCC conduct environmental review under the National Environmental Policy Act (NEPA) of SpaceX’s request to modify its existing license. The story, Environmental Reviews of Satellites Considered Long Shot, by Matt Daneman, was published on January 8, 2021 and can be accessed here: https://communicationsdaily.com/article/view?search_id=425600&stack=stack_5ff88e805c01b&id=622340.

Robertson is the Steven W. Percy Distinguished Professor of Law at C|M|LAW, and Professor of Environmental Studies at the Levin College of Urban Affairs.

Dean Lee Fisher has been selected as one of Cleveland Magazine’s The Cleveland 500 : “500 Leaders, Doers, Visionaries, and Idea Generators Who Help Shape the City” for 2021. Cleveland Magazine notes, “Being influential means more than just being successful. It means guiding from behind the scenes, as well as standing in front of them. In 15 categories, we compiled a list of those types of people who impact our community.”

Dean Fisher’s profile is in the magazine’s section of influencers in the category of “Law” (page 62). Click this link to see the whole issue: 2021 Cleveland 500 (glpublishing.com).

In addition, Dean Fisher has been profiled by Cleveland Jewish News The profile is available here:  https://www.clevelandjewishnews.com/features/special_sections/local_lawyers_super_attorneys/profiles/lee-fisher-cleveland-marshall-college-of-law-cleveland-state-university-dean-and-joseph-c-hostetler/article_af70e8c4-617a-11eb-87af-17731c6c5c09.html

Professor Milena Sterio participated in a podcast, “Asymmetrical Haircuts,” in episode 34 titled “Distant Diplomacy.”  The podcast is co-hosted by Stephanie van den Berg and Janet Anderson, and it addresses topics of international justice.  The episode which Professor Sterio participated in focused on the December 2020 Assembly of States Parties to the International Criminal Court, which Professor Sterio attended as a delegate of the Public International Law and Policy Group.  The episode is available here:
Episode 34 – Distant Diplomacy with Milena Sterio and Maria Elena Vignoli – asymmetrical haircuts

Professor Sterio also delivered a virtual lecture on Jan. 24 on the topic of “The International Criminal Court under ‘Assault'” as part of a program by the United Nations Association USA, Southern Illinois Chapter, co-sponsored by the Southern Illinois University School of Law.  A press release about this lecture is available here:  
International Criminal Court work highlighted in upcoming virtual lecture (siu.edu)