Last week, President Obama submitted the Treaty with Russia on Measures for the Further Reduction of Strategic Offensive Arms to the U.S. Senate. Reading it is tough going, given all the technical terminology. A couple of not very profound observation: 1) Is this Treaty self-executing? For the many pro-self execution folks, the answer should be yes (look at the Supremacy Clause!)....
The young Somali captured last year in dramatic U.S. Navy operation has plea bargained himself into a minimum 27 year sentence. A Somali man has pleaded guilty in New York's court to seizing a US ship and kidnapping its captain last year. Abdiwali Abdiqadir Muse now faces a minimum of 27 years in prison. He is expected to be sentenced in October. Muse...
I guess this is why they need a ban on the burka in France. Stories like this make France seem decidedly more unpleasant for certain Muslims than Arizona is for illegal immigrants: France had its first case of “burka rage” at the weekend when a shopper allegedly tried to pull the veil from the face of a Muslim woman and the...
There's a post that's been making the rounds in the science fiction blogosphere that warrants note by those interested in international law, especially in regards to issues of international trade, development, and regulation. The piece is by Ghanaian writer Jonathan Dotse and it concerns the rise of African cyberpunk. Before getting to Dotse's post, though, a couple of words on cyberpunk itself. Cyberpunk is...
Justice Kennedy has returned to foreign sources in his Eighth Amendment jurisprudence with today's decision in Graham v. Florida, striking down state statutes sentencing juveniles to life without parole for crimes other than homicide: [A]s petitioner contends and respondent does not contest, the United States is the only Nation that imposes life without parole sentences on juvenile nonhomicide offenders. We also...
The U.S. Supreme Court handed down its first-ever international family law opinion today in Abbott v. Abbott. You can access the decision here. In short, a 6-3 majority (authored by Justice Kennedy) found that the Hague Convention on the Civil Aspects of Child Abduction treats ne exeat rights (that is, rights to consent before the other parent takes the child...
As the smear campaign against Richard Goldstone gets ever more desperate, it seems opportune to provide a bit more information about Israel's support for apartheid, to which Goldstone's pales in comparison. Here is Sasha Polokow-Suransky again, this time responding to attacks on Goldstone by the Speaker of the Knesset and Israel's Deputy Foreign Minister: Goldstone's apartheid-era judicial rulings are undoubtedly a...
I seriously doubt it, but Richard Sher, a former Department of Justice official in the Office of Special Investigations, thinks Goldstone's apartheid-era past justifies denying Goldstone a visa to the U.S. In a letter sent to US officials, Neal Sher, a former executive director of the American Israel Public Affairs Committee, said that recently disclosed information about Goldstone’s apartheid-era rulings raised...
A good editorial, one that provides important context. Here's a snippet: From the beginning, the case against Garzon has seemed to be motivated by political and personal vendettas, and the timing of these decisions is no exception. Early in the week, Garzon had asked Spanish authorities for a seven-month leave to work as a consultant to the International...
Professor Schuck has graciously permitted me to post his response. Here it is: I am grateful for the comments that have been posted about my op-ed, and believe that John correctly captures my position. It is common for the law to permit finders of fact to draw inferences from conduct, including inferences that are contrary to the words used by the...
Well, it's a good thing he already has another job lined up, although I agree with Kevin (!) that the ICC Prosecutor is making a mistake in bringing Garzon on board. The AP reports: MADRID — The Spanish judge who became an international hero by going after Augusto Pinochet and Osama bin Laden was suspended Friday for allegedly abusing his authority...
Ken has already flagged the editorial, in which Schuck -- a superb scholar who teaches at Yale -- argues that it would be constitutionally permissible to strip Faisal Shahzad's US citizenship because of his attempt to set off a car-bomb in Times Square. I'm skeptical of Schuck's argument, so I thought I'd explain why. Here are the key paragraphs: Revoking the...
