In association with the International Commission of Jurists

Recent Posts

30 Jul

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...

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29 Jul

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...

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29 Jul

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...

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29 Jul

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...

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29 Jul

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...

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29 Jul

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...

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29 Jul

I'd like to pick up on the thread begun by Tim and Peter. Kal's discussion of the Insular Cases follows the traditional understanding that places them in a normatively negative light, as important constitutional facilitators of colonialism and as reflecting the era's racism. Clearly, it was both of those things, though it is worth noting (depressingly) that the anti-imperialism movement...

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28 Jul

I want to pick up on Tim Zick's post touching on the normative implications of territoriality.  It's clear that intraterritoriality (a nice tag coined by Kal to describe internal territorial variability in law) facilitated exploitation and imperial abuses.  Guantanamo amounts to a failed intraterritorial strategy. Those are the obvious cases.  I'd be curious where Kal comes out on the closer ones,...

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28 Jul

  Roger raises an important issue with regard to the landmark 2008 decision in Boumediene v. Bush . Is that case in effect limited to its facts because of the unique qualities of Guantanamo? Or does the logic extend elsewhere? The obvious focus going forward is Bagram Air Base in Afghanistan. Bagram holds many more detainees than does GTMO and, given...

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