North America

Today’s discussion of Ben’s book focuses on what kind of detention law we should have going forward. Given that I am in Israel now I thought it might be useful to offer a comparative example. Such a comparison is particularly useful when proposed legislation is under consideration and another country has similar terrorist threats. The Israeli...

I really wanted to ignore the Wall Street Journal editorial that Julian mentioned yesterday, filing it in the "life is too short" category.  But I can't help myself, because the editorial is just shockingly factually inaccurate -- to say nothing of its rather curious judgment, such as the idea that Bashir "may be the only man able to guarantee...

As Texas stays on track to execute Jose Medellin on August 5, it is worth shifting our attention back to Texas.  I've always thought the ideal solution to the ICJ-Vienna Convention conundrum is for each individual state to independently comply with the ICJ's judgment. Although I think the ICJ's interpretation of the Vienna Convention is not entirely persuasive, I think...

As frustration with the Bush administration's War on Transparency continues to mount, scholars and pundits are beginning to suggest that the U.S. should think about creating a South African-style Truth and Reconciliation Commission to investigate the administration's many crimes.  Nicholas Kristof is one example. Richard Clarke is another.  And a third is Katherine Tiedemann, writing in The American Strategist: The South...

The Seventh Circuit last week rendered the most unusual foreign non conveniens decision I have ever read. The case presents a cautionary tale about the impact that foreign judicial corruption can have on domestic litigation. Mañez v. Bridgestone Firestone involved a tort action against Bridgestone Firestone filed in Indiana after José Samuel Mañez-Reyes died in a "rollover" car accident in...

The New York Times has a prominent, page 3 international story datelined from the UN by C.J. Chivers, "US Position Complicates Global Effort to Curb Illicit Arms."  Let me step here directly, but I hope carefully, into the international aspects of a very emotional US political debate.  (And thanks to Glenn Reynolds once again for the Instalanche! I also want...

Senators Arlen Specter and Joe Lieberman have a joint commentary in yesterday’s Wall Street Journal (July 14, 2008), promoting a federal law to discourage so-called “libel tourism."  Libel tourism refers to the practice of a plaintiff suing for libel in a plaintiff-friendly jurisdiction – i.e., the UK – and then seeking to have the judgment enforced in US and other...

In today’s Washington Post, a front page article titled, “Multitude of Forces Drains the Spirit of Giving,” by staff writer Philip Rucker. Compared with the tsunami of 2004 and Katrina, the natural disasters of Burma and China have not produced anywhere near the outpouring of American charitable aid donations: In the weeks since a cyclone laid waste to Burma's delta...