North America

This, according to an article in the Guardian, September 3, 2008, from a correspondent in Washington.  According to the story: "If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued," Biden said during a campaign event in Deerfield Beach, Florida, according to ABC. "[N]ot out of vengeance, not out of retribution," he...

I want to join the rest of Opinio Juris in welcoming Tom; I have read Confronting Global Terrorsm and American Neo-Conservatism with great interest and am looking forward to commenting on it.  As befits someone who, on some definitions anyway, probably counts as a neo-con, I have some disagreements with the book - starting, unsurprisingly, with the definition of neoconservative...

Let me begin the discussion by addressing one of the most important issues addressed in Farer's book: combating terrorism consistent with the Charter. Farer presents the issue of the permissible options for the United States if it discovers that terrorist organizations or individuals are active in country X and planning an attack on American targets. If the...

... and hoping that the damage is minimal and that everyone is safe, including any OJ readers.  Watching the television today caused me to recall a conference I attended a few years ago, a meeting of humanitarian disaster professionals who dealt with developing world disasters ranging from natural disasters to conflict relief.  At one session, on natural disasters and, as...

I have blogged in the past about the growing phenomenon of 'libel tourism' and its chilling effects upon free expression, as well as some (really, considering the free expression issues under threat, quite modest) New York state and US federal legislative efforts to deal with it.  It amounts to using English courts and their views on libel, together with 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...

I have this gnawing suspicion that the only two law professors deeply interested in battlefield robotics are Glenn Reynolds and me.  Nonetheless, when it comes to battlefield bots and the law, you can take satisfaction that you will have Heard It Here First, unless, of course, you read Instapundit.   As I've said in earlier posts on this subject (and here and...

Salim Hamdan has been sentenced to 66 months in prison, far short of the 30 years-to-life sentence the prosecution requested.  Good news for Hamdan? Probably not, as Colonel Morris Davis -- the third chief prosecutor of the military commissions, who resigned because of political interference by the Pentagon -- pointed out in the comments to my ex post facto post: The...

  The State of Texas carried out its execution of Jose Ernesto Medellin late Tuesday night.  It did so following the Supreme Court's denial of a stay, 5-4.  The split is unsurprising, with the majority focused (accurately I suspect) on the fact that a legislative fix was unlikely, and reading DOJ's silence on the stay request as consistent with a larger...

That, in essence, is the surprising argument that the Coast Guard raised in a recent administrative law decision involving regulation of shipping traffic to protect an endangered species. In Defenders of Wildlife v. Gutierrez, the D.C. Circuit was presented with the question of whether Coast Guard action implementing "traffic separation schemes" constituted "final agency action" within the meaning of...