Erecting New Constitutional Cultures: The Problems and Promise of Constitutionalism Post-Arab Spring

Constitutions contain two types of elements: functional and aspirational. The functional elements establish the institutions that comprise the state and the pragmatic rules of governance—the “constitution in practice.” Aspirational elements articulate the nation’s commitment to the higher principles and ideals it seeks to attain. In a well-ordered state, a constitution’s aspirational elements provide the true north for the nation’s compass, and the functional elements adequately pursue those ends. If the functional components of a constitution cannot or do not adequately pursue the nation’s stated aspirations, the constitution, the government, and the rule of law are in jeopardy. The recent upheaval in the Middle East, known as the Arab Spring, provided three nations (thus far) with the opportunity to erect new constitutional cultures: Tunisia, Egypt, and Libya. For these countries, adequately concretizing revolutionary aspirations in their new national constitutions, while also providing functional elements and institutions to reinforce these aspirations, is vital to establish secure and legitimate constitutional orders. This Note explores these ideas of constitutional theory universally and applies them to the particular situations in these Arab Spring nations

Should the Dead Bind the Living? Perhaps Ask the People: An Examination of the Debates Over Constitutional Convention Referendums in State Constitutional Conventions

Should the United States of America have a constitutional convention? Thomas Jefferson would maintain that one is long overdue; James Madison would argue the contrary. These two luminaries of American constitutional thought took sides in a stirring debate on a fundamental question in constitutionalism: should the dead bind the living? Jefferson advocated for recurrent recourse to the people by holding constitutional conventions in each generation. James Madison disagreed, arguing that stability and constitutional veneration, among other factors, were paramount. Most recall Madison as having won the debate. But at least 18 states throughout American history have adopted a Jeffersonian model of recurrent recourse to the people on the question of whether to hold a constitutional convention. Many of these states debated the issue in their own constitutional conventions throughout the 18th, 19th, and 20th centuries. No scholar has yet mined this rich trove of convention records for all that they contribute to the fundamental debate spurred by Jefferson and Madison and continued by many distinguished scholars since. Here, I begin the project of adding to that debate the many insights from countless statesmen who contributed thought to this issue on the floors of state constitutional conventions throughout American history. These statesmen took up the arguments of Jefferson and Madison and provided novel insights and nuance, as well as raised new and interesting issues that previous statesmen and scholars have not considered since. Their insights are vital to this fundamental question of constitutionalism

Justice for Tyrants: International Criminal Court Warrants for Gaddafi Regime Crimes

The Arab Spring was a period of great transition in the Middle East and North Africa, when people in many nations united in protest against their oppressive and tyrannical governments. In February 2011, the Libyan people filled their city streets in peaceful demonstrations against Muammar Gaddafi’s regime. Attempting to quell the dissent, the Gaddafi regime allegedly engaged in a systematic campaign of violence against the dissidents. These attacks escalated into a full-fledged civil war, triggering United Nations intervention to protect civilians. In response to the Gaddafi regime’s attacks on civilians, the UN Security Council passed a resolution referring the alleged human rights abuses to the International Criminal Court (ICC) for prosecution. This Comment explores the effect of the warrant, the ICC’s complementary jurisdiction over the matter, and argues that both Libyan and ICC officials should be instrumental in trying the accused members of the Gaddafi regime

Complete genome sequence of the halophilic bacterium Spirochaeta africana type strain (Z-7692(T)) from the alkaline Lake Magadi in the East African Rift.

Spirochaeta africana Zhilina et al. 1996 is an anaerobic, aerotolerant, spiral-shaped bacterium that is motile via periplasmic flagella. The type strain of the species, Z-7692(T), was isolated in 1993 or earlier from a bacterial bloom in the brine under the trona layer in a shallow lagoon of the alkaline equatorial Lake Magadi in Kenya. Here we describe the features of this organism, together with the complete genome sequence, and annotation. Considering the pending reclassification of S. caldaria to the genus Treponema, S. africana is only the second 'true' member of the genus Spirochaeta with a genome-sequenced type strain to be published. The 3,285,855 bp long genome of strain Z-7692(T) with its 2,817 protein-coding and 57 RNA genes is a part of the G enomic E ncyclopedia of B acteria and A rchaea project

Complete genome sequence of the halophilic bacterium Spirochaeta africana type strain (Z-7692(T)) from the alkaline Lake Magadi in the East African Rift

Spirochaeta africana Zhilina et al. 1996 is an anaerobic, aerotolerant, spiral-shaped bacterium that is motile via periplasmic flagella. The type strain of the species, Z-7692(T), was isolated in 1993 or earlier from a bacterial bloom in the brine under the trona layer in a shallow lagoon of the alkaline equatorial Lake Magadi in Kenya. Here we describe the features of this organism, together with the complete genome sequence, and annotation. Considering the pending reclassification of S. caldaria to the genus Treponema, S. africana is only the second 'true' member of the genus Spirochaeta with a genome-sequenced type strain to be published. The 3,285,855 bp long genome of strain Z-7692(T) with its 2,817 protein-coding and 57 RNA genes is a part of the Genomic Encyclopedia of Bacteria and Archaea project