In association with the International Commission of Jurists

Recent Posts

16 Apr

[Nathan Sayre is Assistant Professor in the Department of Geography at the University of California at Berkeley] I join J.B. Ruhl in applauding Hari Osofsky’s effort to bring geographical and legal scholarship into a constructive dialogue to address climate change. Her analysis draws important empirical and theoretical lessons from two case studies by illuminating the complex role of litigation in driving...

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16 Apr

[J.B. Ruhl is Matthews & Hawkins Professor of Property at Florida State University College of Law] By asking us to think diagonally about institutional frameworks for formulating and implementing responses to climate change, Professor Hari Osofsky challenges law and policy to confront the reality of climate change as a hugely complex multi-scalar phenomenon. The conventional wisdom has been that climate change,...

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15 Apr

As with the earlier comments by Ed Swaine, I greatly appreciate Michael Ramsey’s astute observations regarding how political commitments fit into the constitutional discourse. I've endeavored to provide my initial responses to each of his suggestions below, although surely Duncan and I will build from his comments as we develop our theories going forward. We are pleased that Professor Ramsey agrees...

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15 Apr

Der Spiegel reports from Germany (the article is detailed and worth reading in full): In the latest dispute over the European Union's anti-piracy mission off the coast of Somalia, lawyers representing two suspects being detained in Kenya have filed suits against the German government. They want Berlin to foot the bill for the suspects' defense and ensure they are given a...

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15 Apr

[Michael D. Ramsey is a Professor of Law at the University of San Diego Law School and author of “The Constitution’s Text in Foreign Affairs” (Harvard Univ. Press, 2007).] Duncan Hollis and Joshua Newcomer have written a fascinating article on an important and underappreciated topic. I agree with their basic propositions, especially that “political commitments” (as they call non-binding personal pledges...

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15 Apr

[This post was jointly authored by Duncan Hollis and Joshua Newcomer] Ed Swaine brings his typical thoughtful (and rigorous) method to our article, and we greatly appreciate his insights, not only for engaging with our ideas but also for suggesting how we might advance them in future scholarship. Since Ed has framed his comments as questions, we’ve endeavored to provide...

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15 Apr

Thanks to Opinio Juris for hosting this discussion and to the editors of the Virginia Journal of International Law for their discerning taste in publishing such an excellent article. Duncan Hollis (who has published widely both on the international aspects of treaties and on their domestic significance, and so is expertly situated to address this question) and Joshua Newcomer (already publishing...

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15 Apr

I in no way believe that Deb exhibits “virtually pathological level of tribal loyalty and monumental intellectual dishonesty,” and I doubt that Glenn does either.  That said, I am not sure that Deb's (clearly initial) thoughts on the Obama administration avoids Glenn's basic critique -- that Obama supporters justify his increasingly Bush-like policies by de-emphasizing substance in favor of personality...

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15 Apr

[This post was jointly authored by Duncan Hollis and Joshua Newcomer]  We would like to start by expressing our thanks to the editors of the Virginia Journal of International Law, the (other) hosts of Opinio Juris, and especially Professors Edward Swaine and Michael Ramsey for commenting on our article. "Political" Commitments and the Constitution (available on SSRN here) explores the constitutional validity...

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14 Apr

In the comments section of an earlier post, GW lawprof Edward Swaine raises a really good point in defense of Koh's CEDAW testimony.  Since I highlighted Whelan's very tough post, it is worth highlighting Swaine's very good point in defense (I am paraphrasing, but this is the gist):  In the context of a committee hearing where other folks, including Senator Boxer,...

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