The Leaflet

a spotlight on the ideas

that will shape the future of constitutionalism.

 Monday, November 18, 2024
 
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From the Director's Desk
Just a few days after the U.S. presidential election, Civic Leaders of America (CLA) held its inaugural convention. CLA is a student-led organization whose mission to foster civic engagement among high schoolers. In my keynote address to the convention, I spoke about the power of young people to do extraordinary things in law and politics. Many of the students were inspired when I recounted the remarkable story of Gregory Watson. They could imagine themselves in his shoes.
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I was very impressed by these students. They planned and executed an entire three-day event – held at the Texas State Capitol, no less – all on their own. They spent three days engaged in discussion and debate on the some of the most pressing issues of the day. And although each of them laments the deep divisions in the United States, they are committed to building bridges across America's many divides. 
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These students are planting the seeds for a stronger and more united America. They are modeling for their friends, parents, and others how the future could look: a civically-minded, collaborative, and well-informed society of equals invested in mutual understanding and the common good.
Richard Albert
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Coming Soon
Have a look at the beautiful cover for Rehan Abeyratne's forthcoming book on Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment. I have read the book, and can attest to its excellence and importance. The author is a meticulous researcher, a sophisticated architect of legal argument, and an elegant writer. The book will be published in 2025. 
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It is the newest book in our Oxford Series in Comparative Constitutionalism, a forum for new and impactful ideas in the study of constitutions. Learn more about the Series here. We welcome proposals for new books in our Series – especially from early-career scholars.
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From Professor to Justice
Kimberly Thomas, a clinical law professor at the University of Michigan, has been elected to the Supreme Court of Michigan. A graduate of the Harvard Law School and the University of Maryland, Professor now Justice-elect Thomas was previously involved in creating the first legal clinics in Jordan. Upon her election, Justice-elect Thomas shared the following message with the law school community at the University of Michigan: “I have deeply enjoyed the past two decades teaching the next generation of lawyers, and will miss my colleagues and students here at Michigan Law.”
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South Korean Opposition Leader Sentenced to Prison for Lying
Lee Jae-myung, leader of the opposition Democratic Party, has been convicted for making false political statements. The Seoul Central District Court held that “while freedom of speech must be recognized, the court must also recognize the distorting impact false statements and incorrect information have on public opinion.” He was sentenced to a suspended term of one year in prison. Lee intends to appeal the ruling.
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India's 50th Chief Justice
Last week, D.Y. Chandrachud retired as India's 50th Chief Justice. He was a distinguished attorney and judge prior to his appointment to the highest court of India. He leaves the Court with a mixed legacy. He was the country's most prolific Chief Justice, yet there are strong criticisms about his tenure. In his own assessment, he “left the system better than I found it” and is pleased to be “retiring with a sense of satisfaction.” Interestingly, his father, Y.V. Chandrachud, was India's 16th Chief Justice.
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Teaching Constitutional Law in a Divided Society
Franciska Coleman has written a new paper on how to teach constitutional law in America's polarized academic environment. The paper takes the form of her conversation with a former law professor. The two of them discuss how to lead productive conversations with students when emotions are high and divisions are deep – and when the objectives are to respect the equal dignity and rationality of others while making possible the project of democratic self-governance. The paper is available here on SSRN.
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A New Textbook on Fundamental Rights
Published just last month, Droit des libertés fondamentales is now in its 9th edition. The book examines fundamental rights in theory and practice in both comparative and theoretical perspectives, with a doctrinal focus on French constitutional law and the law of the European Union. A classic textbook that has stood the test of time, it is intended for students of all levels and is also an excellent resource for established scholars.
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Interview on Constitutional Reform in Jamaica
The constitutional reform process continues to make progress. I was pleased to be interviewed by the International Institute for Democracy and Electoral Assistance about my role as a member of the Constitutional Reform Committee of Jamaica. The interview is available here.
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35th Anniversary Conference
Next year, the Venice Commission (officially the European Commission for Democracy through Law) will mark its 35th anniversary. In recognition of this landmark occasion, Bocconi University and the Venice Commission have joined hands to host a conference in Milan on May 15-16, 2025. Papers are invited on the work, impact, and future of the Commission.
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Fees in the Criminal Justice System
Today in the United States, states impose both fines and fees for wrongdoing. Fines, for instance, attach at conviction and are imposed to both punish and deter. Fees, in contrast, often bear no relation to the offense and are instead intended to raise revenues for the state. The organization End Justice Fees observes that “if you can’t afford to pay these fees, you risk license suspension, arrest, and jail. People living paycheck-to-paycheck and communities of color are disproportionately impacted by fees, but anyone who misses just one payment can be trapped in a cycle of debt and punishment.” The New York Times has produced a short but informative video on the pernicious effects of criminal justice fees. It is linked below.
 
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Vandalizing the Constitution
There are better, safer, and less destructive ways to express dissatisfaction with government than to pour red powder on the display case that houses the original U.S. Constitution in the grand rotunda of the National Archives Museum. That is what two climate activists did. Now they will be behind bars for 18 to 24 months. Their messy stunt cost nearly $60,000 to clean. And they must pay restitution for the damage they caused. 
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Does Federalism Impede Democratic Backsliding?
A new paper by James Gardner asks whether federalism protects sub-state governments from populist authoritarianism and whether it is effective at resisting democratic backsliding at the national level. His answer, in part, briefly stated: “The most recent studies find, at the aggregate level, that federalism does not provide any noticeable protection against authoritarianism.” The entire paper is worth reading.
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Debate at Princeton
I traveled to Princeton University to participate in a debate hosted by the Whig-Clio Society. The topic of debate was whether the U.S. Constitution is broken. I argued yes, while Keith Whittington argued no. Here are some photos from the event and from my morning jog across the gorgeous campus.
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Richard Albert

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Richard Albert
Founder and Director
 
The mission of the International Forum on the Future of Constitutionalism is to marshal knowledge and experience to build a world of opportunity, liberty, and dignity for all.
 
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