John Bellinger, who served as the Bush administration Legal Advisor to the State Department (in which capacity he famously guest blogged at Opinio Juris!), has an op-ed in today's last Saturday's NY Times calling for legislation to override the Supreme Court's decision in Medellin v. Texas and to give effect to the ICJ's 2003 decision in Avena. The legislation...
Last week was the deadline to register for upper-level electives at Harvard Law School. There are plenty of exotic foreign and international law school courses to choose from that appear nominally to relate to law. Here is a sample schedule with some notable gems: Monday evenings start the week off with the critically important course entitled...
Yesterday the Obama Administration released the report of the Intelligence Community Inspectors General. It is an important and interesting story about the Bush Administration's Presidential Surveillance Program (PSP). Jack Balkin has more here and here and Andy McCarthy here. The most gripping story in the report is the fight between the White House and the Department of...
The U.S. and Europe have been vigorously insisting that Israel stop all "settlement growth," including "natural growth." There has been some question as to what those terms mean. In a June 16 press briefing, Sen. George Mitchell said that Israel must stop “natural growth” in settlements, and specified that he means “births” as well. Here is the State Department's transcript...
The case of Diallo v. Maryland presents a tragic story of a diplomat father and his prodigal son. In October 2006, David Reeves left a party in suburban Baltimore looking for drugs. He approached Abdel Diallo and asked if he had drugs for sale. Diallo said no. Reeves became angry and aggressive, and a struggle ensued. Both Diallo...
The National Research Council of the National Academies has just about finalized a lengthy report on cyberattacks--Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities. William A. Owens, Kenneth W. Dam, and Herbert S. Lin edited the study on behalf of a 14 member committee and a 5 member staff. It should be available in hard...
With the Supreme Court term now complete, I thought it would be useful to give a brief year-end review of the Court's decisions. The Supreme Court produced no blockbuster cases this year on any subject related to our discipline. It was truly a sleeper year. There were three cases addressing immunity; two cases addressing asylum, one case...
Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion. However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what...
Update, July 3, 2009. The Economist of July 4, 2009 has a useful, short article on the EU's proposals for reforming global finance, "Divided by a Common Market." I will put up a separate post with some excerpts from the piece.) I spent the plane flights back and forth to Prague over the weekend mostly reading, uninterrupted and straight through, the...
The New York Times (along with much of the mainstream media) has "rediscovered" cyberwar of late (see here, here, here, and here). Today's story revives longstanding differences between Russian government proposals to regulate cyberwarfare by treaty versus existing U.S. preferences to place the issue in more informal law enforcement cooperation networks: Russia favors an international treaty along the lines of those negotiated for...
(Note from Ken: OJ has been very pleased to have Amos Guiora guest-blogging with us last week, offering a series of posts on the question of administrative detention in Israel, and how its legal and security system address the many complex questions raised. I raised to Amos a question about the role of the judiciary in Israel in counterterrorism operations,...
In various posts on OJ about Predator drones, targeted killing, and such topics, I've made reference to a book chapter I've been drafting for Benjamin Wittes's forthcoming edited volume of policy essays, Legislating the War on Terror: An Agenda for Reform (Brookings Institution Press 2009). I'm pleased to say that my chapter, Targeted Killing in US Counterterrorism Strategy and Law,...
