The “Crucial” Choice of Law Question in Kiobel
Here is the second round of my exchange with Professor David Weissbrodt over at Pointoflaw. I begin by citing the following exchange during Kiobel's oral argument yesterday. SULLIVAN: ...
Here is the second round of my exchange with Professor David Weissbrodt over at Pointoflaw. I begin by citing the following exchange during Kiobel's oral argument yesterday. SULLIVAN: ...
It is my pleasure to announce that the Journal of International Criminal Justice, the leading journal in the field, has just published a special issue on the crime of aggression to commemorate its 10th anniversary. The special issue, which is edited by Claus Kreß and Philippa Webb, contains a variety of fascinating articles on aggression from a number of leading...
[Chimène Keitner is an Associate Professor of Law at the University of California, Hastings College of the Law.] The oral arguments in Kiobel and Mohamed will doubtless generate a new round of commentary on these cases. A “quick response” panel is planned for Thursday, followed by a Georgetown Law symposium on March 27 and an ASIL annual meeting panel on March 31. Since I...
... from this morning's hearing: Kiobel and Mohamad. I would be curious as to readers' prognostications of how the Justices will rule based on the oral arguments today. (Thanks for comments, interested in more. For example, where did this extraterritoriality question suddenly materialize from and does it portend something different from what was originally thought? You can also see John...
[Juan E. Méndez is the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, and a Professor at American University Washington College of Law.] Torture is illegal and immoral, and like slavery, we should have abolished it by now. And yet its use continues to haunt our societies. In fact, the issue of torture —...
I am participating this week in a discussion on Kiobel v. Royal Dutch Petroleum, the case on corporate liability under the Alien Tort Statute that will be argued tomorrow at the Supreme Court, at the Manhattan Institute's Point of Law Blog. My interlocutor will be Professor David Weissbrodt of the University of Minnesota. Here is a snippet of my opening...
It won't save his job, for reasons Julian mentioned a week or so ago, but it's still good news: Spain's top court acquitted renowned judge Baltasar Garzon on Monday of abuse of power by trying to investigate Franco-era atrocities, in a case that exposed deep wounds dating back to the civil war. Six members of the seven-strong Supreme Court...
In case you missed it, Rick Santorum asserted earlier this month that it's open season on old people in the Netherlands - that euthanasia accounts for 10% of all deaths and that the elderly walk around with "Do Not Euthanize" bracelets in the way of medical alerts. Nothing new on the home front: it's long been red meat for Republicans to...
Our thanks to everyone who has participated in this symposium—John Bellinger, David Sloss, Chimene Keitner, and Steve Vladeck—as well as to Matt Christiansen, who has coordinated the symposium for YJIL. It’s been such a pleasure to see the thoughtful and varied reactions to our Article. Here we take the opportunity to offer a few brief words in response...
All is proceeding as my colleague Anna Gelpern has foreseen. Indeed. Years ago, she mentioned to me in passing that the markets seemed remarkably unaware, or anyway remarkably sanguine, about the question of whether local law (e.g., Greek law) or foreign law (e.g., English law) governed as the choice-of-law clause for the vast tonnage of European sovereign debt. Today, we find...
The blog is run (so far, solely) by Sonia Cardenas, the Charles A. Dana Research Associate Professor of Political Science and Director of the Human Rights Program at Trinity College in Hartford, CT. Here is her description of the blog: This site explores universal jurisdiction, through the prism of politics and human rights. Universal jurisdiction is the revolutionary idea that...
Over at Lawfare last Friday, Bobby Chesney commented on a NY Times article reporting that military commission charges have been initiated against Ali Musa Daqduq. Chesney describes Daqduq as “a Hezbollah member involved in an attack on American forces in Iraq in which the attackers disguised themselves as American soldiers and Iraqi police and in which several captured American...