Orin Kerr is the Fourth Amendment scholar that I definitely am not, so I read with interest his Volokh post this morning on Ashcroft v. Al-Kidd, which the Supreme Court will be hearing next week. He says it is a strange case for a couple of reasons. The two basic issues in the case are: First, whether using the material witness...
David Bernstein and NGO Monitor have worked themselves into a lather about Human Rights Watch's decision to appoint Shawan Jabarin, the head of Al-Haq, a leading Palestinian human-rights group, to its Mideast Advisory Board. In support of their ire, they cite decisions of the Israeli Supreme Court that have concluded that Jabarin is also an official in the Popular Front...
Cross-posted at Balkinization It felt like a lively discussion Friday at the panel hosted by American University scholar Dan Marcus on “Guantanamo Detainees – What Next?” (Many thanks to Ken for plugging it earlier in the week. I take it the session will at some point be available among webcasts on the law school website.) Jack Goldsmith gave a keynote...
Max du Plessis and Christopher Gevers, ICC experts who teach at the University of KwaZulu-Natal in South Africa, have launched a new blog, War and Law. The blog focuses on international criminal justice from an African perspective, making it a must-read for anyone interested in international criminal law. Recent posts discuss Kenya's attempts to amend Article 16 of the Rome...
I'm off to Tokyo for a week, but before I go, wanted to flag a really interesting looking upcoming conference at Fordham Law School. It's entitled, Cyber Attacks: International Cybersecurity in the 21st Century and will take place next Friday, February 25, 2011. The program is free, subject to registration (see here). The line-up looks great too: 9:00am–9:30am Registration 09:30am–10:00am Welcome 10:00am–11:45am Cyber Attacks and the Law of Armed Conflict Moderator: Prof....
A proposition at the center of much international development work in the past decade or more has been the importance of institutions - whether one talks about "good governance" or the "rule of law" or other terms referring to institutions of governance in a society that permit stability across time. The claim has always seemed to engage the happy coincidence...
Yes, after nearly nine years of detention in Guantanamo, Noor Uthan Muhammed has pleaded guilty to two non-existent war crimes. As the ACLU notes in its post on the plea, although the court reporter faithfully translated each time he said "yes" to whether he understood what he was doing, the reporter did not translate the only full sentence Muhammed uttered:...
According to the Jerusalem Post, five purchasers of Jimmy Carter's new book Palestine: Peace Not Apartheid have filed a $5 million lawsuit in federal court in New York against Carter and Simon & Schuster, the book's publisher. The lawsuit alleges that the book violates New York consumer-protection laws by claiming to be a work of non-fiction (my emphasis): The five...
Even when Moreno-Ocampo wins, he loses. Pre-Trial Chamber II recently rejected a request by Mohammed Hussein Ali, one of the six Kenyans for whom the OTP has sought summonses, to submit "observations" on the investigation That was an easy call; nothing in the Rome Statute permits a suspect to participate in the investigative process so early. The Pre-Trial Chamber nevertheless...
As I discussed yesterday, an Ecuador Court has issued an $8.6 billion judgment against Chevron. I just got off a press conference call with plaintiff's chief lawyer in Ecuador, Pablo Fajardo. He stated that the plaintiffs will seek enforcement of the Lago Agrio judgment throughout the world as soon as the Ecuador appeals process is complete. (At...
Pennumbra, the on-line companion to the University of Pennsylvania Law Review, is hosting the debate. John's opening statement and my reply -- which is something of a misnomer, because the reply doesn't directly address John's arguments -- are currently available. Both focus on Judge Bates' opinion dismissing the ACLU/CCR lawsuit; I argue that, contrary to the Judge's claim, his opinion...
