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16 Dec

Richard Falk, an eminent professor of international law and politics at Princeton, was expelled from Israel yesterday while he acting as the UN Human Rights Council's special rapporteur for human rights in the Palestinian territories.  Falk was expelled by Israel because Israel believed his investigation, and indeed the UN Human Rights Council itself, is irredeemably biased against Israel.  This is probably...

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15 Dec

A number of readers have e-mailed to ask why, given my interest in all things ICTY, I have not said anything about the Karadzic case.  The answer is relatively simple: I have been serving for the past two months as one of Dr. Karadzic's primary legal advisers, which raises a number of complicated issues vis-a-vis blogging.  On the one hand,...

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09 Dec

Over the weekend, Stuart Taylor joined the cast of conservative legal commentators (see also Jack Goldsmith, Ben Wittes, Jack Goldsmith and Ben Wittes) offering advice to the incoming Obama Administration on how to right the legal ship of security and state. Taylor’s reasonable jumping-off point: the actual security threats against the United States. President-elect Obama's announcement of his (mostly) stellar national...

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08 Dec

The ACLU has filed a habeas corpus petition on behalf of a U.S. citizen who, as of the time of filing, had been held by the United Arab Emirates for about three months without charges. And, beyond the issue of unlawful detention, there are now also allegations that the UAE Security Services have used torture to extract a false confession.  Did the UAE...

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08 Dec

Later today the Berkeley City Council will entertain measures to censor Boalt Hall: Berkeley's City Council will delve into national policy again next week when it votes whether to demand the United States charge Berkeley resident and former Bush adviser John Yoo with war crimes...

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05 Dec

Douglas Burgess, Jr., has an editorial in today's New York Times arguing that piracy should be considered terrorism in order to facilitate its prosecution.  It's an interesting piece, but I have to take issue with the basic premise of his argument: Are pirates a species of terrorist? In short, yes. The same definition of pirates as hostis humani generis could also...

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05 Dec

John Fonte had this piece in the National Review just before the election on the Obama's likely posture to international law and international institutions.  It very perceptively and succinctly describes the difference between liberal internationalists (think just about everybody before Bush, with the US looking to lead the rest of the world to enlightenment, along with anyone associated with the...

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04 Dec

Plaintiffs will apparently appeal yesterday's jury verdict in the Chevron ATS case. In the meantime, as we contemplate a new Administration, it's worth considering, how, if at all, USG views will shift with respect to litigation under the Alien Tort Claims Act (a.k.a. the Alien Tort Statute (ATS)). Although he offered his views in full advocacy mode for...

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03 Dec

Last month the Supreme Court rendered its latest installment on the issue of judicial supervision of national security. Winter v. NRDC has received surprisingly little attention, but it strikes me as an important example of judicial deference to the Executive Branch in military affairs. This language in particular is noteworthy: We “give great deference to the professional judgment of...

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02 Dec

Peter Raven-Hansen has a review of Jack Goldsmith's The Terror Presidency in the latest American Journal of International Law which includes some thoughts on law professors as top government lawyers.  His basic line, with John Yoo as the example: better not to use a perch in the government to validate your academic theories. But in this fact lies a risk for...

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