“That the Obama DOJ has repeatedly embraced the very legal theories responsible for much of the intense progressive rage towards the Bush/Cheney regime is now beyond dispute.” So writes Glenn Greenwald on his Salon blog this week entitled “An emerging progressive consensus on Obama's executive power and secrecy abuses.” I take it Glenn’s blog is much read by the “legal left”...
(Update: At the end of this post, I put a note from Eugene Kontorovich on his new paper on piracy, apparently still a discussion draft and not yet on SSRN, but apparently available from him if you contact him at Northwestern.) In the midst of so much newspaper op-ed, blogosphere commentary on the piracy issue, Ruth Wedgwood - who has been...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three articles recently published by VJIL in Vol. 49:3, available here. On Wednesday, Professor Duncan B. Hollis of Temple University James E. Beasley School of Law and Joshua J. Newcomer, Clerk for the Honorable Carolyn Dineen King of the...
In his new book Saviors and Survivors: Darfur, Politics, and the War on Terror, Mahmood Mamdani claims that, "in its present form, the call for justice is really a slogan that masks a big power agenda to recolonize Africa." There is more than a grain of truth to that; I think my friend Tony Anghie's seminal work Imperialism, Sovereignty, and...
This according to the ever-reliable Scott Horton: Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantánamo, several reliable sources close to the investigation have told The Daily Beast. Their decision is expected to be announced...
Ed Whelan's latest post on Koh's nomination to be Legal Advisor lands a sharp and potentially serious blow. Reviewing Koh's writings and his testimony to the Senate in favor of Convention on the Elimination of Discrimination Against Women, Whelan argues that Koh's testimony deliberately omitted discussion of important interpretations of CEDAW by the Committee on the Elimination of Discrimination Against Women: The...
There has been tons of commentary on the pirate thing now, so there is little more to add. Except that there is a brewing debate about where to try the remaining captured Somali pirate. In theory, the pirate could be tried before a military commission, if Obama wished, but I somehow doubt that his going to happen (although if he...
My professor in the Literature Program at Duke University, Eve Kosofsky Sedgwick, has passed away. Eve was one of the pioneering figures in queer theory. From Duke University Press's announcement: Duke University Press mourns the loss of Eve Kosofsky Sedgwick. We have been proud to publish six of Sedgwick’s books. The first, Tendencies (1992) is...
My thanks to Peter for his invaluable comments and to Opinio Juris and the Yale Journal of International Law for making this exchange possible. I am particularly grateful for Peter’s extraordinarily insightful critiques, which I think go a long way toward helping me develop the model that I propose in Protecting Rights Online. Peter’s first critique identifies one of the primary...
Let me begin by thanking Opinio Juris and the Yale International Law Journal for hosting this online symposium. In “Protecting Rights Online,” Professor Molly Beutz Land has written a highly interesting article that seeks to bridge the disciplinary and doctrinal divide between the human rights and access to knowledge (A2K) movements. The article is well-written, accessible and provocative. It has...
Although the human rights and access to knowledge (A2K) movements share many of the same goals, their legal and regulatory agendas in the area of Internet governance have historically had little in common. While state censorship online has been a principal concern for human rights advocates, this issue has not been a central focus of the A2K movement. Likewise, human...
Catherine Powell has an essay at Huffington Post responding to those criticizing Harold Koh for his views on customary international law. She writes: Harold Koh's position that customary international law is a form of federal common law reflects the conventional view since the founding of the nation. For over 200 years, Congress, the courts, and the Executive Branch have recognized that...
