Adam Serwer has a post up flagging a new suit by the ACLU and the Center for Constitutional Rights (CCR) against the Treasury Department's Office of Foreign Assets Control (OFAC) over funds expended over the question of whether the Obama administration can designate and then target Al-Awlaki as a terrorist hiding out presumably in Yemen. (Adam tried to contact me to...
Justice Ginsburg has fired the latest salvo in the ongoing debate about the Court's use of foreign and international law sources in constitutional adjudication. On Friday, she gave a speech to the International Academy of Comparative Law at American University, entitled "A decent respect to the Opinions of [Human]kind": The Value of a Comparative Perspective in Constitutional Adjudication. Not surprisingly given her...
Sorry for the light posting of late - the Anderson family is currently in the Sierra Nevada, the eastern side out of Bishop, California, on God's own highway, the Empty Quarter of Highway 395, which runs north-south from southern California all the way up the eastern Sierra and beyond. It is both the most beautiful and most varied countryside you...
Not surprisingly, the AU has condemned the ICC's decision to issue an arrest warrant against Bashir for genocide. Equally unsurprising, the new resolution seems to have been adopted with the same kind of back-room machinations that led to the AU's previous resolution condemning the ICC: Over the weekend, delegates from the AU countries reportedly fought a fierce battle that led...
I've got some bigger picture thoughts (cautionary, from an alien rights perspective) over at the NY Times Room for Debate. As for Judge Bolton's reasoning in her order invalidating key provisions of the law, it is striking how much work Hines v. Davidowitz (1941) does as the centerpiece precedent. In some ways it's a good fit. Hines also involved a...
[The following is a guest-post written by Ifeoma Ajunwa, a human-rights attorney who is beginning a PhD at Columbia University in the fall. Our thanks to her for contributing -- KJH] In April of 2007, as a representative for the NGO, Human Rights Advocates (HRA), I was privileged to attend the 4th session of the United Nations Human Rights Council in...
[John Cerone is Professor of International Law, and Director of the Center for International Law & Policy at New England Law | Boston] The World Court’s conclusion that Kosovo’s declaration of independence was not unlawful is being with a resounding "duh" by most international lawyers. The International Court of Justice, in the narrow advisory opinion, simply found that the making of...
[The following is a guest-post by Lt. Col. Chris Jenks, the Chief of the International Law Branch in the Army's Office of the Judge Advocate General. He is blogging in his personal capacity.] The day ICC supporters and detractors alike hoped would come, albeit for very different reasons, arrived on Wednesday, July 21st -- Sudanese President Omar Bashir publicly...
The US Naval War College international law conference, held in June in Newport, Rhode Island, is now online in video format. It was a terrific discussion, with great panels and discussants, and I counted it as a privilege to be there. One reason the video for this conference is so interesting, however, is that the audience - and this year...
With an election scheduled for August 21, Prime Minister Julia Gillard and Opposition Leader Tony "Check Out My Speedo" Abbott were set to debate tomorrow night at 7:30 pm. There was just one problem with that idea...
Dave Hoffman has a post today at Concurring Opinions reporting the results of an empirical study of how often law reviews have cited various blogs. According to the study, blogs have been cited 5460 times since 2006, with the following blogs representing the top-10 in terms of citations: FindLaw's Writ -- 618 citations Volokh Conspiracy -- 402 SCOTUSBlog -- 305 Balkinization -- 259 Patently-O --...
Now that I've had a chance to read through the ICJ's advisory opinion, following are a few initial reactions. (I will consider the separate opinions in another post.) Marko Milanovic has done a great job parsing the main issues that were at bar, namely 1. Whether the ICJ should exercise advisory jurisdiction in this case; 2. How broadly or narrowly the question posed by...
