Over the course of the next few days we are pleased to have Ingrid Wuerth discuss her article on Foreign Officials Immunity Determinations in U.S. Courts: The Case Against the State Department. Her article was recently published in the Virginia Journal of International Law. She argues that the text and structure of the Constitution, functional and historical...
Cross posted at Balkinization Big news in the past day is the Obama administration’s announcement that a Somali national captured by the U.S. military somewhere in the Gulf has been transferred to New York for federal prosecution on terrorism-related charges. According to the Justice Department (DOJ), the man, Warsame, was “questioned for intelligence purposes for more than two months” after his...
I'm under the pump because of a deadline, but I wanted to call readers' attention to a short editorial at OpenDemocracy.net written by Victor Kattan about the PLO/PA's intention to ask the UN General Assembly to recognize Palestinian statehood in September. Victor discusses a variety of interesting diplomatic and legal aspects of that intention, including the possibility that the PLO/PA...
Last week Julian Ku and I had the pleasure of working with Business Roundtable and a wonderful group of international law scholars--Rudolf Dolzer, Burkhard Hess, Herbert Kronke, Davis Robinson, Christoph Schreuer, and Janet Walker--on a Second Circuit amicus brief addressing the propriety of antisuit injunctions under international law. The amicus brief addresses an appeal of Judge Kaplan of the...
QS World University Rankings has released its list of the world's top law schools. Here are the top 30: 1. Harvard 2. Oxford 3. Cambridge 4. Yale 5. Stanford 6. Berkeley 7. Columbia 8. London School of Economics 9. Melbourne 10. NYU 11. Sydney 12. McGill 13. Toronto 14. Chicago 15. Australia National University 16. UCLA 17. Michigan 18. Auckland 19. Victoria University Wellington 20. Monash 21. King's College London 22. University College London 23. University of British Columbia 24. National University Singapore 25. University...
Ben Wittes, long an advocate for clearer domestic legislation authorizing U.S. detention operations, writes to ask whether my recent post favoring the Senate’s over the House’s version of pending legislation signals a shift in my position opposing new such legislation. The short answer is no. Here’s why. I’d praised the Senate’s draft of force authorization language as follows: “Where...
Humberto Leal is scheduled for execution in Texas on July 7th. A Mexican national, Leal was not notified of his right to consular assistance under the Vienna Convention of Consular Relations. In light of the International Court of Justice's decision in the Avena case (Mexico v. U.S.), Congress is currently working on legislation to bring the U.S. into compliance with its international...
