In the inaugural issue of the Yale Law Journal Online, the new online companion to the Yale Law Journal, Peggy McGuinness, Peter Spiro, Robert Ahdieh and I respond to Professor Michael Stokes Paulsen's recent article: "The Constitutional Power to Interpret International Law." All of us are critical, although in different ways. I am the most sympathetic to Paulsen, but...
Cross-Posted at Balkinization I feel as though I should start by apologizing from my mini-blogging hiatus. Nothing like prepping a new course to distract one from the trials of law outside the classroom. Thanks to my Opinio Juris colleagues Julian Ku and Ken Anderson, as well as Ben Wittes, among others, there’s ample reason for re-engaging. As Julian and Ken have...
[Michael Granne is a Visiting Assistant Professor at Hofstra Law School and has recently published Defining “Organ of a Foreign State” under the Foreign Sovereign Immunities Act of 1976 in the UC Davis Law Review.] Greetings, all! I’d like to thank Julian and the rest of the OJ team for asking me to participate here. The Foreign Sovereign Immunities...
It's Day 2 of the First Ever! (people keep emphasizing this) joint ASIL-ESIL Research Forum. Jan Klabbers who seems the chief (but by no means the only) organizer has done Helsinki proud in terms of the site and the conference structure. It's been a remarkably solid event; unlike ASIL all the speakers were required to submit abstracts AND papers as the...
Today the Second Circuit issued the long-awaited decision of Presbyterian Church of Sudan v. Talisman Energy. The case--written by a Bush 41 appointee (Jacobs) and joined by two Clinton appointees (Leval and Cabranes)--is important for many reasons, but it is especially important in (1) accepting the possibility of corporate liability under the ATS, (2) accepting that international law rather...
Actually, congratulations to the Obama administration for having the good sense to make this appointment. My friend and Washington College of Law colleague Diane Orentlicher has joined the administration in DOS, and I don't think there's a better person in the country to fill this position: Professor Diane F. Orentlicher has been named Deputy, Office of War Crimes Issues for the...
... in my response to Eugene on the First Amendment and free speech and the HRC, over at Volokh. I'm not cross-posting it here because it is somewhat specific to Eugene's post. However, it is filled with many generalizations and unsupported assertions about what I think international law professors, taken as a community, think about free expression and the specifically...
The U.S. Supreme Court has granted certiorari in Samantar v. Yousef, a lawsuit by Somalis who alleged torture and mistreatment by a former Somali prime minister. Here is the issue: Whether a foreign state’s immunity from suit under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1604, extends to an individual acting in his official capacity on behalf of a...
Well, I don't know that for sure yet -- I only just got in from the airport an hour ago. But it sure is beautiful this time of year. I am here for what looks to be a great conference -- the first academic forum (i.e., workshop) jointly organized by the American Society of International Law and the European Society...
Here is one part of the Obama Administration policy that I can (sort of) support: an effort to reach a comprehensive sustainable peace agreement in Sudan. Although the Obama envoy, Scott Gration, is getting plenty of deserved flak from right and left for his infamous "cookies" quote about dealing with the Sudanese government, the general idea seems sound. Absent any...
Ben Wittes, who has guest-blogged with OJ in the past, has a blistering op-ed in yesterday's Washington Post, criticizing, well, just about everyone for the failure to take the policy issues of detention to Congress to craft a formal structure for addressing them. The piece has made the rounds in the blogosphere, so I won't comment except to say that...
I have to admit I really don't know for sure, but this WSJ op-ed makes me think this issue is likely to be an important one as the crisis over Iran's compliance with the Non-Proliferation Treaty comes to a head. According to the author, the U.S./E.U. concession that Iran has a right to peaceful nuclear technology is both wrong as...
