[Eugene Kontorovich is Professor of Law at Northwestern School of Law] Today the Supreme Court takes on the scope of the Commerce Clause in the historic healthcare cases. The case raises the question of whether there are any substantive limits to the federal government’s domestic regulatory power. But another case soon to be (re)argued before the Court, Kiobel v. Royal Dutch...
Yesterday the Ninth Circuit, sitting en banc, has unanimously embraced the doctrine of foreign affairs field preemption. It will surely prove to be a controversial blockbuster case for foreign affairs law, with or without Supreme Court review. The case of Movsesian v. Munich Re addressed a California statute, section 354.4, that authorized California courts to entertain various insurance claims brought...
Harold Koh’s keynote address today at the University of Virginia conference did a nice job surveying the legal landscape from the Legal Adviser’s perspective. He divided the conflicts into four categories: non-conflicts, soft conflicts, hard conflicts, and hardest conflicts. He then outlined specific examples in his daily docket that fall into each category. Details on the...
This week was a blockbuster one in the ongoing battle between Chevron and Ecuador. On Wednesday, the arbitral tribunal adjudicating Chevron's BIT claim issued an Interim Award ordering Ecuador "to take all measures at its disposal to suspend or cause to be suspended the enforcement or recognition within or without Ecuador of any judgment against [Chevron] in the Lago...
There has been much debate the past couple of days about whether the bomb attacks that have killed at least three Iranian nuclear scientists since 2010 qualify as terrorism. Glenn Greenwald and Kevin Drum on the left and Andrew Sullivan on the right say "yes"; many of their readers (see Greenwald here) and the editor of Technology Review say "no." ...
As readers know, a few of us on the blog have been debating whether the law of neutrality has any relevance to the United States' conflict with al-Qaeda. I'm thus delighted to announce that three essays on that very issue are now available on SSRN as part of a mini-symposium hosted by the Texas International Law Journal. The lead essay...
It appears the right-wing has settled on a shiny new historical comparison to justify the targeted killing of Anwar al-Awlaki. Here is Jack Goldsmith in the New York Times: An attack on an enemy soldier during war is not an assassination. During World War II, the United States targeted and killed Adm. Isoroku Yamamoto, the architect of the Japanese...
Peter Margulies (Roger Williams) responded to my blogging about criminal membership and al-Bahlul at Lawfare. I wrote a response, which Lawfare's Bobby Chesney was kind enough to post for me. Instead of reposting the lengthy exchange here, interested readers should check out the posts at Lawfare. You can find Peter's original post here, and my response here. Feel free to...
David Hicks is back in the news here in Australia, because the DPP has announced that it intends to seize any royalties he receives from the sale of his book, Guantanamo: My Journey. The DPP's decision has received a great deal of criticism, for a variety of reasons: Hicks accepted a plea because the US government threatened to put him...
The following is a guest-post by Mark Kersten. Mark is a PhD candidate in International Relations at the London School of Economics and author of the (excellent) blog Justice in Conflict. His research examines the nexus of conflict resolution and the pursuit of international criminal justice. Trying to Get to the Bottom of the “Peace versus Justice” Debate...
Professor Ingrid Wuerth’s article on foreign official immunity is thorough, thoughtful and provocative, and it’s a privilege to make my first OJ appearance commenting on it. There is much to agree with in her analysis, and at the same time some questions to raise. Just over a year has now passed since the Supreme Court decided, in Samantar v. Yousuf, that...
