Greg Miller has a fascinating front-page story in the Washington Post yesterday (Sunday; it appears to be behind a free registration wall) profiling "Roger," the mysterious head of the Counterterrorism Center at the CIA, a key figure in the pursuit of Bin Laden, and a principal architect of the drones program. Here’s the money quote, borrowing from Lawfare: Roger, which is the first...
Opinions here, with an eight-Justice majority for the result, with the case kicked back downstairs for resolution on the merits. In the long run, this could prove a watershed decision. The Court rejects the "textual commitment" and "no manageable standards" bases for applying the political question doctrine. Neither has ever made a lot of sense to me on their own...
[Eugene Kontorovich is a Professor of Law at Northwestern School of Law] The new issue in Kiobel is not mere extraterritoriality, but rather universality. There are constitutional limits on universal jurisdiction (UJ); at most it can only be used for those “Piracies” and “Offenses” that have UJ status in international law. But Congress has not “defined” any offenses in the ATS....
[Eugene Kontorovich is Professor of Law at Northwestern School of Law] Today the Supreme Court takes on the scope of the Commerce Clause in the historic healthcare cases. The case raises the question of whether there are any substantive limits to the federal government’s domestic regulatory power. But another case soon to be (re)argued before the Court, Kiobel v. Royal Dutch...
US President Barack Obama spoke in Seoul today, promising to pursue nuclear cuts, an issue he will push in a May meeting slated with incoming Russian President Vladimir Putin. Pakistan’s legislators are debating ties with the US, specifically with respect to re-opening NATO supply routes that have been closed since a US attack killed 24 soldiers in Pakistan last November. Iranian President Mahmoud...
Lawfare has published a very interesting guest post by Haridimos Thravalos on whether conspiracy is a war crime. The whole thing is worth a read; here is the intro: In June 2006, the U.S. Supreme Court struck down President George W. Bush’s use of military commissions to try suspected members of al-Qaeda in Hamdan v. Rumsfeld, 548 U.S. 557...
I returned ten days ago from a week of teaching international humanitarian law in Jericho. It was my first time in the West Bank, and I won't soon forget it. I was particularly struck, not surprisingly, by the limitations on Palestinian life and movement -- the endless checkpoints, the hideous wall, the massive illegal settlements dotting the landscape....
My book, Living With the UN: American Responsibilities and International Order, is now in stock and on-sale at the Hoover Institution Press website. I have a copy in hand and I’m delighted to be holding it. It’s not quite like holding your new baby – but for an inanimate object, it’s closer than you might have thought. (Julian - feel free to weigh in here: I'm thinking having one's new book in hand is kind of like holding one of those Japanese roboticized teddy bears for soothing the elderly with dementia, but maybe that's just me.)
It will be a couple of weeks – April 17 – before it's available through Amazon, Barnes & Noble, and other online sellers. A Kindle edition will be released on April 17 as well. Over the next couple of months, I will be talking about various themes in the book – UN-US relations, the nature of the UN, the different ways in which the US should engage (or not) with different parts and functions of the UN. Julian will be doing the same with his and John Yoo's provocative new book, Taming Globalization, so expect to hear a lot at OJ about themes in our books (we have, btw, covertly set up an algorithm in which the more OJ readers buy our books, the less we will talk about them!). To start with, however, I wanted to go to a very different topic – this one about publishing, choosing a publisher, and why I chose the Hoover Institution Press. This follows on some excellent guest posts by senior academic press editors in the past here at OJ - I'm really extending my take on those past discussions. I'm hoping that my thinking here will be useful to some OJ readers thinking about publishing.
This is a policy essay, not a “scholarly” book – it has about twenty footnotes for the whole thing, and a bibliography of secondary sources aimed to be accessible to those without a university research library or knowledge of how the UN online archives work. My interest in this case is dissemination of the ideas in the book, not staking out academic turf. So my general choices were three: One, find a commercial trade publisher, which seemed improbable given the subject matter, the way it is written, and my lack of trade press publishing in the past. Two, find a university or academic press; this seemed like the obvious thing, and in fact there were several options that direction, notwithstanding that this is something like the opposite of the dense academic monograph. Third, go with a think tank policy press in which case, given the history of the project and my affiliations, it would be Hoover.
The Hoover publishing folks have been marvelous. They have been fabulous on production values, editing and copy editing, all the professional production elements. They have been patient to a fault in waiting for the manuscript and letting me make later changes. And they have excellent marketing staff and have a commitment to getting the book out there in a way that is only sometimes true of academic presses whose primary audiences are academics and university libraries. But several academic presses are great in all these ways, too, so one has to ask, why consider a think tank press? After all, isn’t a think tank press – even one associated with a university, like Hoover, and moreover a conservative think tank – taking a hit in academic prestige and respectability?
A new feature this week on Opinio Juris is the Weekday News Wrap. The latest edition, with links to the earlier ones, can be found here. At the beginning of the week, we continued last week’s roundtable discussion of the ICC’s Lubanga Judgment. Cecile Aptel discussed the split between the judges on whether the charge of using children “to participate actively...
We hope you enjoyed this first Opinio Juris/LJIL Online Symposium. For those who want to prolong these debates in real life, while waiting for the next online symposium, the Leiden Journal of International Law (LJIL) will celebrate its 25th anniversary on 30 March 2012 during the American Society of International Law's Annual Meeting. The journal will host a casual roundtable...