I was hoping that the discussion last week would address not only who could be tried by a military commission, but also for what crimes someone could be tried. That issue flared up again yesterday in the Hamdan trial, when the presiding military judged refused to instruct the jury that any attempt by an "unlawful enemy combatant" -- a status...
Okay, so Medellin himself is going down. But as Julian highlights above, Texas has now undertaken to extend some sort of review and reconsideration to others covered by the Avena judgment. Why the quiet retreat? Here's some totally unsupported speculation: this is the result of a deal between Texas and Mexico. The GOM is sophisticated enough to understand...
That, in essence, is the surprising argument that the Coast Guard raised in a recent administrative law decision involving regulation of shipping traffic to protect an endangered species. In Defenders of Wildlife v. Gutierrez, the D.C. Circuit was presented with the question of whether Coast Guard action implementing "traffic separation schemes" constituted "final agency action" within the meaning of...
Almost buried amid the last-minute flurry of litigation over Medellin's pending execution tonight at 7 p.m. EDT, Texas has made a potentially important but ambiguous concession to the ICJ. It has agreed to support federal habeas petitions in the future for Mexican citizens arguing that a failure of consular notification had caused prejudice to their criminal conviction and death sentence....
Greg Fox of Wayne State University Law School has posted a new article on SSRN that examines the proposed US/Iraq Status of Forces Agreement (SoFA) from a unique angle. Discussions in U.S. academic journals and blogs have tended to focus on the constitutionality under U.S. law of the Administration pursuing the completion of a long-term security arrangement with Iraq under...
Before heading to Bethlehem I spent an hour in the Old City of Jerusalem drinking Turkish coffee at the entrance to the Dome of the Rock as I watched thousands of devout Muslims pour in for afternoon prayers, sajjada in hand. I then exited the Muslim quarter through the Damascus Gate and caught sherut 124 to the security checkpoint....
As I've mentioned before, I'm completing a short, popular, non-academic, policy book on US-UN relations. The genesis of the book, however, was the run-up to the UN reform summit, the General Assembly summit (and accompanying final document) of September 2005. My editors have been beyond patient in waiting for me to finish this not-very-large project. But I must say that the...
Last week, reflecting on the effusive welcome he received in Germany, Obama said the following to a group of House Democrats: It has become increasingly clear in my travel, the campaign, that the crowds, the enthusiasm, 200,000 people in Berlin, is not about me at all. It's about America. I have just become a symbol of the possibility of America returning...
On behalf of all of us at Opinio Juris, I want to thank Benjamin Wittes for joining us this week for a symposium his book Law and the Long War. We also want to thank Bobby Chesney, Geoff Corn, Marty Lederman, Glenn Sulmasy, and Steve Vladeck for their guest-blogging with us. Their contributions were invaluable. We also want to thank everyone else from the Opinio Juris...
Executive invocations of foreign affairs as the basis for dismissing otherwise valid litigation doesn't seem to work very well these days. But there is one area where (thus far) courts have continued to give the U.S. executive essentially complete deference: determinations on immunity for heads of state. And so it is today in the Federal District Court of D.C.'s decision...
Well, we never got as far as interrogation or surveillance, but that's okay. This has been a truly exceptional exchange, a model of everything the debate over law and the war on terror too often is not: civil, serious, rigorous, and respectful of the profound difficulty of the issues at hand. Many thanks to all who participated in it and to...
I want to close by thanking Ben for writing this terrific book, and our hosts here at OJ for sponsoring this discussion. Before sigining off, however, I want to offer a few predictions and related observations about the road ahead. It appears quite possible that in the near future we will substantially reduce our reliance on military detention for terrorism suspects at...
