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22 September 2023
Issue: 8041 / Categories: Legal News , Constitutional law , International
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NLJ this week: Could the ‘originalists’ & an 1868 provision stop Donald Trump?

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Donald Trump intends to stand for the US presidency come what may, even if he has been convicted of serious political charges. But, could he be stopped by a provision in the US constitution? 

Michael Zander KC, NLJ columnist & Emeritus Professor, LSE, investigates this scenario in a fascinating article in this week’s issue.

The events that could scupper the Trump campaign are those of 6 January 2020 when a mob invaded the Capitol Building in Washington, DC seeking to prevent Congress from counting the Electoral College votes in order to formalise the victory of Joe Biden. Could Trump’s encouragement of this amount to engaging in ‘insurrection or rebellion’ against the constitution? If lawyers can convince the Supreme Court of this then Trump’s campaign might never leave the gates.

Professor Zander looks at the possibility for such a case, referring to a 126-page article on the same penned by two ‘originalist’ legal scholars, and the political implications should such a case go ahead. Truly, real life is sometimes stranger than fiction. 

Issue: 8041 / Categories: Legal News , Constitutional law , International
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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