December 2010

A coalition of 26 of Australia's most prominent journalists -- essentially, the editors of every major newspaper (with the exception of the right-wing The Australian) and the news directors of all the major networks -- have written a remarkable open letter to Julia Gillard criticizing the U.S. (and Australian) government's attacks on WikiLeaks and threats to prosecute Assange.  Here is...

Oh, how much difference a year -- and lower expectations -- make! The BBC report on the Cancun meeting declared that "if Copenhagen was the Great Dane that whimpered, Cancun has been the Chihuahua that roared."  Never mind that the Great Dane's whimper was about the same decibel level as the Chihuahua's roar.  Last year, expectations were sky high for a new legal...

I don't quite mean that, of course.  The total number of "international" law faculty depends on so many different things at any given law school.  What I do mean is to follow on Kevin's post and ask, supposing you are trying to rationally plan out an international law faculty and curriculum, or more practically gradually shape into the future according...

In this week’s Weekly Standard, Christopher Caldwell of the WS and FT has an essay specifically on the political economy of the euro-zone crisis, Euro Trashed: Europe’s Rendezvous with Monetary Destiny.  He notes that the European Union is built on a theory of successive crises, and that the euro was foreseen, perhaps intended, to provoke a crisis that would lead toward greater union; he quotes some of its founding fathers to that end.  (I think he might have added the dialectical ideology that underlay that sentiment, but does not.):
As we contemplate the macroeconomic storm that is now passing through Europe, we must bear in mind that this is a storm that the EU’s promoters knew would come. The euro’s designers understood Rahm Emanuel’s philosophy about not letting a crisis go to waste. “Europe will be forged in crises,” the European Community’s founding father Jean Monnet wrote in his memoirs, “and it will be the sum of the solutions brought to these crises.” When the French statesman Jacques Delors laid out his plan for the euro in the late 1980s, he drew a clear trajectory: A common market had made possible a common currency. A common currency would make possible a common government. But how would that happen? After all, if a currency worked well within the existing political arrangements, there would be no reason for those arrangements ever to change. New institutions could result only from the currency’s blowing up. Economic crisis would be the accidentally-on-purpose pretext for replacing a system based on parliamentary accountability with a system based on the whims of a handful of experts in Brussels. Europe’s countries now face the choice of giving up either their newfangled money or their ancient national sovereignties. It is unclear which they will choose.
Toward the end, the essay points out that although Greece is every bit as corrupt and profligate as the newspapers suggest, that was not the case with Spain, nor with Ireland, certainly not in the sense of Greece.  That is, Spain had quite good fiscal management and undertook measures that were thought quite strict at the time to protect its banks from the subprime crisis in the US, while many other European banks were as much a part of it as the US ones.  True, Spain's economy has many structural problems - a sclerotic labor market for those in the protected sectors and, today, unemployment for everyone else. But the adjustment mechanisms by which democratic market societies overcome interest group recalcitrance - monetize the debt and let devaluation lower wages (behind the veil of money, as we Marxists like to say) - were not available to it, having joined the euro.  Spain was overcome by a one-size fits all monetary policy, which to overcome in a democratic society through internal fiscal and regulatory means alone would require superhuman willpower (and perhaps, in the regulatory arrangement of the EU and eurozone at this moment, could not be achieved in any case, on account of too many arbitrage avenues around internal controls, of the kind designed for the purpose of one-size fits all):

Jack Goldsmith and I don't agree with each other very often, so it's worth noting that we have essentially the same reaction to WikiLeaks.  From Lawfare today: I find myself agreeing with those who think Assange is being unduly vilified.  I certainly do not support or like his disclosure of secrets that harm U.S. national security or foreign...

The government of India is protesting TSA's "humiliating" pat-down of its ambassadress to the United States. On Dec 4, [Ambassador Meera] Shankar was subjected to a rigorous public "pat down" at the Jackson-Evers International Airport after a visit as a guest of the Mississippi State University. According to The Jackson Clarion-Ledger, Shankar was singled out from a group...

I hope to have more to say in the next few days about Judge Bates' completely predictable decision to dismiss the ACLU/CCR lawsuit.  I just want to flag here what is the most obvious problem with it.  Judge Bates claims -- clearly trying to insulate himself from criticism -- that Contrary to plaintiff’s assertion, in holding that the political question...

The climate negotiations were cast as a choice last year between Hopenhagen or Nopenhagen, and this year between Can-Cun or Can’t-Cun.  John Ashton, the senior negotiator from the UK Foreign Office, told me yesterday that he sees four possible outcomes here:  momentum, a lifeline, zombie-hood, or collapse.  Since no one wishes to push the negotiations over the brink (on the...

This message just went out on Twitter: WE ARE ATTACKING WWW.VISA.COM IN AN HOUR! GET YOUR WEAPONS READY http://bit.ly/e6iR3X AND STAY TUNED. #ddos #wikiealsk #payback Sure sounds like war to me.  I have no idea what the weapons actually consist of, but they were apparently effective earlier today against Mastercard.  I wonder if Visa's "troops" are now metaphorically massing on the other...

He may be a horrible senator, but at least Joe Lieberman is (relatively) consistent: Sen. Joe Lieberman (I-CT), who has become one of the most vocal critics of Wikileaks, said today that while Wikileaks founder Julian Assange is definitely guilty of crimes, the New York Times may also have broken the law by posting some of those diplomatic cables. "To...

John Perry Barlow has made a call to arms (via Twitter): "The first serious infowar is now engaged. The field of battle is WikiLeaks. You are the troops." That's a little grandiose to my taste.  But among the many interesting things going on here is the prominent role of nonstate actors.  The battleground players include: Domain name services:  On the first day,...

Presswires are reporting that Judge John Bates has dismissed the much-noticed case in which the ACLU and the Center for Constitutional Rights sought to bring suit on behalf of Anwar Al-Aulaqi's father, contesting the ability of the President to target his son, an American citizen hiding abroad in Yemen who the government says is a targetable participant in a terrorist...