—Claudia E. Haupt, Columbia Law School As tributes to Justice Antonin Scalia are pouring in, a common theme is emerging among those of us who tended to disagree with him in most cases: he made us think harder. As Jamal Greene, himself a scholar of comparative constitutional law, remarked: “What he did was change how
Human Dignity in Obergefell v. Hodges
—Michèle Finck, Fellow, London School of Economics, and Lecturer, Keble College, University of Oxford. Human dignity is currently somewhat of a buzzword in constitutional and human rights studies. While resonating well on an intuitive level, the concept is however tricky to define in legal terms – underlining the conceptual vagueness or flexibility that characterizes it.
Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective
—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.” In so doing, it reversed a 2009 Delhi High
The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings
Cross-posted with permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional. Like June 26 2013, June 26 2003, was also a historic day for the LGBT
