John McGinnis and Nicholas Rosenkranz testified last week on the role of foreign and international law to interpret the Constitution. The full transcript of their testimony is here. At the end of his testimony, Rosenkranz raises a point that I think is often neglected in the discussion of constitutional comparativism: the deliberate attempt by other countries to impact our...
A recent poll conducted by WorldPublicOpinion.org has found that the public in four Muslim-majority and African countries support the ICC's arrest warrant for Bashir, despite the fact that the governments in those countries oppose it: That's remarkable -- but the results of another question, designed to assess support for intervening in Darfur, by force if necessary, should the much-feared...
It takes a special kind of stupid to be Pat Buchanan. Last night, in response to a question from Rachel Maddow about whether his hostility to elevating a Latina to the Supreme Court makes sense given that 98% of Justices (108/110) have been white, Buchanan said: "White men were 100% of the people that wrote the Constitution, 100%...
The Wall Street Journal has the story: After six days of grueling debate, Iceland's parliament voted narrowly Thursday to apply to join the European Union -- an institution from which the country long stood proudly apart. But a binge of overseas expansion by Iceland's buccaneering banks led to a towering stack of bills that couldn't be paid when the credit crunch cut...
Nothing in the Geneva Conventions suggests the remedy for Art. 49(6) transfers is the deportation of the transferred population. In response to my earlier posts, Kevin, Marko and other commenters argued that since the creation of settlements was illegal, the remedy is their undoing, a return to status quo ante. In a discussion with Marko in my previous post,...
David Bernstein is in high-dudgeon mode again about Human Rights Watch's fundraising in Saudi Arabia. This time, he is up in arms about a statement Ken Roth made to The Atlantic's Jeffrey Goldberg during a recent email exchange. Goldberg asked Roth if his "staff person attempt[ed] to raise funds in Saudi Arabia by advertising your organization's opposition to the pro-Israel...
Over the last year, Julian and I both participated in a task force on treaties, jointly convened by the American Bar Association and the American Society of International Law. Along with the task force's other members including former guest bloggers like Ed Swaine and Curt Bradley (see the full list here), we've now produced a consensus report. Medellin served as the...
The international insistence on banning natural growth in Israeli settlements is ironic because it is this population that is most clearly legal under the Geneva Convention. After all, babies are born, not “transferred.” The discussion must begin with the text of the Fourth Geneva Convention. We will assume that the Convention applies to the West Bank (the Art. 2 issue), that...
I just finished chatting with Lou Dobbs on his CNN radio show about the latest among those who still deny Obama's eligibility to be president. A major in the reserves has balked at being shipped out to Iraq on the theory that Obama is not the commander-in-chief and the war is therefore illegal under international law. Deniers (aka "birthers") also...
Following-up on my recent post on assessing systemic bias in international investment arbitration, readers may be interested in a recent article by Susan Franck of Washington & Lee University entitled Development and Outcomes of Investment Treaty Arbitration. Here's the abstract: The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world,...
My current take on Sotomayor testimony is that there is an odd discontinuity between her public speeches and articles on the one hand, and her testimony yesterday, and, to some greater degree, her record as a judge on the other. One interesting example is that old chestnut: Should a U.S. judge use international or foreign law to interpret the...
My colleague at Pepperdine Law School, Robert Anderson, has just posted on SSRN a draft article, Distinguishing Judges: An Empirical Ranking of Judicial Quality in the U.S. Court of Appeals. According to the abstract: This article presents an empirical quality ranking of 383 federal appellate judges who served on the United States Court of Appeals between 1960 and 2008....
