Ken has already flagged the editorial, in which Schuck -- a superb scholar who teaches at Yale -- argues that it would be constitutionally permissible to strip Faisal Shahzad's US citizenship because of his attempt to set off a car-bomb in Times Square. I'm skeptical of Schuck's argument, so I thought I'd explain why. Here are the key paragraphs: Revoking the...
The International Law Association's 2010 Biennial Conference, “De Iure Humanitatis: Peace, Justice, and International Law” takes place August 15-20 in The Hague. Early reduced-fee registration ends tomorrow, May 15. It looks to be a great program, hosted by the Dutch Branch of ILA, with some fun side events in and around The Hague. (You may even see a couple of...
As I've noted before, I am not an expert in the case law on revocation or renunciation of US citizenship, but I wanted to flag Professor Peter Schuck in the Wall Street Journal today arguing that it is indeed possible to revoke Faisal Shahzad's citizenship. Behind the subscriber wall, here. A bit from the middle of the piece: Revoking the citizenship...
The NYT's Scott Shane notes that "The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes...
I was going to wait until the book -- entitled The Unspoken Alliance: Israel's Secret Relationship with Apartheid South Africa -- came out to mention it, but now seems like an opportune time. You can pre-order the book from Amazon here, and here is the description: A revealing account of how Israel’s booming arms industry and apartheid South Africa’s international...
Last week a special committee organized by Ugandan President Yoweri Museveni has recommended that virtually every clause of the anti-gay bill drafted by Uganda backbencher David Bahati be rejected. As reported here, The recommendations ...
I will write in more detail when I have a bit more time, but I can't let Dershowitz's ridiculously slanted and ahistorical attack on Richard Goldstone pass without comment. Sasha Polakow-Suransky, a Senior Editor at Foreign Affairs who is an expert on Israel-South Africa relations, has responded to the allegations made in the Yediot Ahronoth story Dershowitz cites, allegations that...
Alan Dershowitz has never been shy to express his views, but I think he may be going a bit far here in reaction to recent stories about Judge Richard Goldstone's service to the Apartheid regime in South Africa. Goldstone was--quite literally--a hanging judge. He imposed and affirmed death sentences for more than two dozen blacks under circumstances where whites would almost...
The New York Times is reporting that Moreno-Ocampo has offered Spain's Judge Garzon a temporary position as one of his advisors: Spain’s well-known investigating magistrate, Baltasar Garzón who is being prosecuted in a case filed by far-right Spanish groups, has been offered a temporary post as an external adviser to the prosecutor at the International Criminal Court in...
I'm sorry, but I still find the argument that the Arizona Immigration Law violates the International Convention on the Elimination of Racial Discrimination deeply unpersuasive. The fact that five U.N. special rapporteurs on human rights have weighed in here with the same analysis as Human Rights Watch doesn't convince me of much, other than that I am even less impressed...
Roger blogged below about how Kagan called in 1995 for substantive questioning of Supreme Court nominees. Just in time to avoid being asked such questions herself, she's changed her mind: The White House Monday said that Supreme Court nominee won’t follow her own advice from 1995 in answering questions on specific legal cases or issues, supporting Kagan’s flip flop...
It doesn't look like she's written anything even remotely related to international law (it is surprising how little she's written on anything, for an academic). On the now-standard question of what role IL should have in constitutional interpretation, we have this out-on-a-limb answer from her confirmation as Solicitor General: I do not believe that international law (assuming it has not been incorporated...
