In association with the International Commission of Jurists

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18 Mar

My St. John's colleague Marc DeGirolami has a post up at Mirror of Justice summarizing today's European Court of Human Rights decision in Lautsi v. Italy.  The full decision is at the ECtHR's website here.  At issue in the case was the display of crucifixes in Italian public school classrooms. In 2009, the ECtHR ruled against Italy's display of the...

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18 Mar

Now that the supporters of a no-fly zone over Libya have got the legal authority they required  -- both international and domestic (I agree with Peter that the president does not need additional congressional authority to vote for and contribute to a UN SC action) -- what comes next? Despite herculean efforts by the punditry to analogize the situation in...

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18 Mar

Kal Raustiala asked that we post the following.  Sounds like an excellent initiative on ASIL's part. Call for Scholarly Papers The Inaugural ASIL Research Forum November 4-5, 2011 The American Society of International Law calls for submissions of scholarly paper proposals for the inaugural ASIL Research Forum to be held at UCLA Law School on November 4-5, 2011. The Research Forum is a new initiative...

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17 Mar

Bruce Ackerman and Oona Hathaway say yes; Jack Goldsmith, no.  I'm with Jack on this one.  Especially as authorized by the UN Security Council, there's solid precedent for proceeding without an advance congressional okay.  As Jack points out, Kosovo is probably the closest analogy in terms of the scope of the operation (a case in which authorizing legislation was voted...

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16 Mar

As of March 19, 220 academics have signed the letter.  (You can read the full list here.)  Well done, colleagues! Bruce Ackerman (Yale) and Yochai Benkler (Harvard) are circulating the following letter protesting the inhumane conditions of Bradley Manning's detention and asking for law professor support.  I have already signed, as have 103 other scholars.  I encourage our academic readers to...

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16 Mar

Alas, I won't be at ASIL this year, and apologies to everyone, as I will miss seeing folks.  But I did want to flag particularly the meeting that Kevin mentioned in his post, taking place on March 23, co-sponsored by my law school, Washington College of Law and ASIL's Lieber Society, on emerging issues in the law of armed conflict.  It...

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16 Mar

Now that it appears to have been resolved with the payment of "blood money" to the families of those killed by Davis, there may be some lessons here. First, the compensation element poses an interesting precedent.  Though presumably ex gratia and at least nominally made by Davis in his personal capacity, payment makes victims whole while avoiding the risk of politically...

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16 Mar

Here it is: My thanks to all of our readers who provided me feedback on earlier covers.  Note that the dust jacket now provides a short description of Ben Shahn and the painting; particular thanks to readers who suggested the description!  I hope you can read the text on your screen....

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15 Mar

I don't get to the East Coast of the U.S. very often these days, so I thought I'd mention that I will be in Boston and DC next week, in case any Opinio Juris readers want to meet up.  I will be giving a lecture on the Karadzic trial (with a bit of discussion afterward about the ICC and Libya)...

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15 Mar

There has been a good deal of discussion both here between Kevin Heller and Cully Stimson and over at Lawfare by Jack Goldsmith, Gabor Rona and John Bellinger on the impact of the Administration's declaration on Additional Protocol I and it's possible effect on hearsay admissions in military commission hearings. While I agree with Jack and Kevin that it should not...

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