Ninth Circuit Chief Judge Alex Kozinski declared in a speech today that the First Amendment is dead. In a keynote speech entitled “The Late, Great First Amendment” given at a Pepperdine Law Review symposium, Kozinski offered a detailed analysis of the consequences of the Internet age for First Amendment jurisprudence. I’m sure that Eugene Volokh, Jack Balkin and...
For those interested in international arbitration, the ASIL and the Institute for Transnational Arbitration will be hosting a one-day conference on Wednesday, April 9 in Washington, D.C. The topic is "Soft Law Instruments in International Arbitration." The schedule is available here. Plenty of big names from the world of international arbitration, including David Caron, Michael Reisman, James...
The ICTY has acquitted Ramush Haradinaj, a former commander of the Kosovo Liberation Army (KLA) and a former Kosovo prime minister, of committing war crimes during the 1998-99 Kosovo conflict with Serbia. (Official press release is here). In giving its judgment, the ICTY Chamber went out of its way to complain about how many witnesses for the prosecution were...
Please join us for a reception at the ASIL to celebrate our new partnership with Oxford University Press. The wine and cheese reception will be held from 4:30 to 6:30 p.m. on Thursday, April 10. Information about the reception is available here. We are very excited about our partnership with OUP, the details of which we will...
Here is a key excerpt from pages 36-39 of the March 2003 "Torture" Memorandum: Section 2340 defines the act of torture as an: act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody...
Is government in opposition a welcome addition to our separation of powers choices? There are a series of issues to be considered. First of all, it responds to the problem that all systems of government have—-presidential, semi-presidential and parliamentary—-the problem of the very successful politician and eventual unconstrained democratic leader. If a political figure or political party is very popular,...
The American Branch of the International Law Association will again hold its annual International Law Weekend in New York, featuring numerous panels, a distinguished keynote speaker, receptions, and the Branch’s annual meeting. International Law Weekend 2008 will take place on October 16-18, 2008, at the Association of the Bar of the City of New York. The Weekend’s overall...
At the request of the chairs of the ASIL International Economic Law Interest Group (Amy Porges and Tomer Broude), I'm posting the following about the Group's upcoming activities: Readers of the blog who will be in Washington on April 10 are invited to the annual business meeting of the International Economic Law Interest Group of the American Society of International Law,...
Pardon me for missing this little news item, but the ICJ has another new case: Ecuador has applied to the ICJ over Colombia's alleged spraying of toxic herbicides over Ecuadorian territory. Here is what Ecuador is seeking the ICJ to declare: (a) Colombia has violated its obligations under international law by causing or allowing the deposit on the territory of...
I've always had a soft spot for Chuck Hagel (R-Neb.), both for his evident intelligence and for his willingness to criticize the Bush administration's bungling of all things Iraqi. After last night's interview with John Stewart on The Daily Show, though, I think I'm officially smitten: I was particularly impressed by Hagel's willingness to openly disagree -- in no...
In my last post, I talked about the current and common technologies of the separation of powers, which focus on apportioning authority among winners of elections, or granting powers to losers of elections (as losers). In this post, I will discuss the emerging trend in the foundational public law commitments of many democracies to grant the power to losers...
