I want to give my sincere thanks to all the participants in the symposium on Does the Constitution Follow the Flag? Many terrific points, questions, and critiques were raised (made?) this week, and I certainly found it a fascinating discussion. My book is an attempt to synthesize and reframe a wide range of issues related to territoriality, and in so...
Ken is going to be so jealous that I blogged about this story first! Apparently, there is concern that a new robot capable of ingesting and extracting biomass from the environment will become some kind of robot zombie feasting on (yummy?) human flesh. The companies behind the robot, however, want us to know that nothing could be further from the...
Excellent news -- and a major blow to the AU's promise of impunity for Bashir, given the symbolic and practical importance of South Africa for the continent generally: SOUTH Africa will arrest Sudan’s President Omar al-Bashir if he visits the country, despite an African Union decision to ignore a war crimes warrant against him, the foreign ministry said yesterday. Civil society...
My too-brief contribution to the Territoriality symposium is to send you over to Michael Innes's brief comment on cyberterritoriality. He comments there on Tim's remarks, rather than Kal's book - tangential to Kal's book, but cyberterritoriality is very important in its own domain. (Update: Apologies, Mike, for getting the attribution wrong (see Mike's comment), and I'm correcting it here.) Michael is founder...
I've got an op-ed in today's Philadelphia Inquirer on the subject. Do I really think that out of the birther phenomenon will come a constitutional amendment repealing the "natural born" qualification for presidential eligibility? Well, er. . ., I'm not sure. But it is remarkable how no one seems to be focusing on the clearly nativist premise of the birther...
Iran and Syria have a new neighbor! ...
I realize it's very down-market to interrupt the serious intellectual discussion of Kal's outstanding book with something is superficial as this - and I can't plead any important and worthy policy issue, as with Deborah's very interesting post - but I'm afraid I must ask our European readers whether the following reported rumor could possibly be true. It concerns Prime Minister...
Cross-posted at Balkinization UPDATE: Thanks to "Anon" in comments for sending along a link to the engrossed text of the military commissions bill passed by the Senate last week. I really hate to interrupt this great discussion about Kal's even greater book, and hope to get into it myself before week's out. In the meantime, I thought it worth noting that...
Raustiala’s book is about the scope of constitutional protections applied abroad. I did not find much in the book addressing whether the Constitution imposes limits on the extraterritorial exercise of federal power. Why is that? We have a robust and well-developed Interstate Commerce Clause jurisprudence, but we have precious little guidance as to the scope or even...
Although it is mentioned briefly, Kal's book does not address cyber-territoriality in detail. I take Kal at his word that there will be no sequel. But I think the history and framework Kal provides may be useful in assesssing efforts to manage cyber-territoriality. I should note that I generally agree with Kal that exceptionalist claims that cyberspace has "flattened" the world and undermined...
Reading over the last few posts, it seems very clear that there is an array of extremely interesting angles to the question of whether the Constitution ought to follow the flag in all instances. Tim, Peter, David, and Bill all have raised great questions about the normative dimensions of extraterritoriality and intraterritoriality. In my book I generally eschewed this...
Picking up on the thread that Tim began and that Peter and David have advanced, I wonder if we might gain some insight by looking at the other incorporation debate that occurred during the twentieth century—the debate over which provisions of the Bill of Rights should be applied to the states through the Fourteenth Amendment. I claim no particular expertise on...
