In this final substantive post of my Warholian week as guest blogger I offer a necessarily telegraphic summary of my long chapter on the conflict. Being telegraphic it will not even have the virtue of the chapter, i.e. even if it is clearly wrong, it won’t be wrong clearly. For two reasons I devoted an entire chapter to a single neuralgic...
Colleagues, The pan of discourse is beginning to sizzle. A delightful sound. So rather than racing on to another main issue I attempt to address in my book, in this post I stop and engage with discussants. Let me start with Ken Anderson in part because his very interesting categorization of ways of thinking about strategy lubricates a segue to Mark...
I want first to qualify my statement in the last post that probably a majority of contemporary scholars and governments still cling to the position that the only legitimate uses of force are defense against armed attack and enforcement action authorized by the Security Council. In fact, particularly among European and American legal scholars and NATO governments there has grown...
There are only two things about the consequences of the use of force that can be predicted with absolute confidence. One is that innocent lives will be destroyed. The other is that when democracies go on a war footing, the normally ample liberties of their residents (particularly resident aliens but also citizens) will shrink. It therefore follows from the description...
I would like to begin by echoing Ben Wittes thanks to Chris and his colleagues for creating this vehicle for informal but rigorous discussion of critical issues at the juncture of law and public policy. And of courseI want to express my appreciation at being invited to discuss the themes of my book only partially because, as Oscar Wilde once...
This week we are pleased to host the first discussion in the Oxford University Press/ Opinio Juris Book Club. Tom Farer, the Dean of the Josef Korbel School of International Studies at the University of Denver, will join us to discuss his new book, Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. In addition, Kristen Boon...
Turns out (along with who knows what else) that Sarah Palin was a member of the Alaskan Independence Party, active enough to have attended its statewide convention in 1994. The party argues that Alaska's accession by referendum in 1958 violated international law, insofar as voters were not given the choice of independence in addition to the ballot options of statehood or continued status...
There’s so much domestic news these days it would’ve been easy to miss Eric Lichtblau’s story in yesterday’s New York Times about legislation introduced in Congress just before the August recess that would substantially define the scope of the United States’ war with Al Qaeda, et al. Indeed, it’s not clear why the Times itself finally just realized the significance...
The Supreme Court's Medellin decision has generated lots of academic attention (Julian and I, for example, are both participating in a joint ASIL-ABA Task Force on Treaties developed to address the future status of treaties in US law, which I'm sure will generate blog posts from one or both of us in the months ahead). This past week also saw the DC Circuit rely on Medellin explicitly...
That essentially was the question the Ninth Circuit had to address in the recent case of United States v. Liu. The question arose out of a criminal prosecution by the United States against defendant for running a brothel in Saipan. Defendant argued that the United States had no authority to prosecute her under the commerce clause or the...
Some hard-working soul on the Democratic vice presidential vetting team had to make her way through a law review article Joe Biden co-authored in the late 1980's on constitutional war powers. The piece is pretty safe stuff, advocating a "joint decision model" for use-of-force decisionmaking. In the course of proposing some tinkering with the War Powers Resolution, there is this...
I wrote a couple of weeks ago about my experiences in Georgia in the early 1990s, monitoring the various conflicts - Abkhazia, South Ossetia, and the then-Georgian civil war in Tbilisi. I noted that those secessionist conflicts were marked on each side by ethnic cleansing as extreme as anything I saw in the Yugloslav wars (a country which I also...
