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...
Greg Fox of Wayne State University Law School has posted a new article on SSRN that examines the proposed US/Iraq Status of Forces Agreement (SoFA) from a unique angle. Discussions in U.S. academic journals and blogs have tended to focus on the constitutionality under U.S. law of the Administration pursuing the completion of a long-term security arrangement with Iraq under...
Before heading to Bethlehem I spent an hour in the Old City of Jerusalem drinking Turkish coffee at the entrance to the Dome of the Rock as I watched thousands of devout Muslims pour in for afternoon prayers, sajjada in hand. I then exited the Muslim quarter through the Damascus Gate and caught sherut 124 to the security checkpoint....
Last week, reflecting on the effusive welcome he received in Germany, Obama said the following to a group of House Democrats: It has become increasingly clear in my travel, the campaign, that the crowds, the enthusiasm, 200,000 people in Berlin, is not about me at all. It's about America. I have just become a symbol of the possibility of America returning...
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...
Just in case there is some blogger fairness doctrine I don't know about, I should mention that Obama seems to generally favor the ICC -- though he obviously has reservations about U.S. membership. Here is his clearest statement, made last October: Now that it is operational, we are learning more and more about how the ICC functions. The Court has pursued...
As I write, I am sitting on the balcony of the Castle in Karem Maharal, a few miles north of Caesarea and a few miles south of Haifa. I look out over my balcony at the vineyards drinking Tishbi wine, which has been grown here in Zichron Yaakov for decades. To my left the sun is setting over...
I was struck by this piece tucked away in today's Washington Post, noting that Pat Kennedy, Under Secretary for Management at the State Department, had to remind diplomatic personnel in Germany that they were prohibited from attending Barack Obama's speech today in Berlin. It is a mark of just how unprecedented Obama's current overseas visit is, mixing as it does official...
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...
I know we will be having a discussion of Tom Farer's book on a grand liberal strategy for dealing with terrorism down the road, but I wanted to note that the general issue of 'grand strategy' is at the heart of Philip Bobbitt's new book, Terror and Consent. It has deservedly been widely reviewed and highly praised - Ferguson in...
Honestly, I thought I had seen it all. I had resigned myself to the traditional media doing everything they could to avoid drawing attention to McCain's inability to keep basic facts about foreign policy straight -- Sunni vs. Shia, Czechoslovakia (four times!), Somalia vs. Sudan, the remarkable Iraq/Pakistan border. But I never expected CBS to actually edit an interview with...
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...
