The Harvard Law Review Supreme Court Review is just out and there is a good summary of Massachusetts v. EPA available here. They argue that the case signals further movement away from Chevron deference and the presidential control model. Massachusetts v. EPA is certainly significant because the Court entered the public debate on global warming and because the...
The "Fair" in "Fair and Balanced": Wouldn't it be nice if Fox News at least pretended to live up to its motto? UPDATE: In the comments, "Humble Law Student" claims that my post is a "cheap shot at sliming the network [and] is both incorrect and dishonest," ostensibly because the screenshot comes from The Big Story, an opinion show instead of a...
Brian Leiter has just published his ranking of the Most Cited Law Professors by Specialty, 2000-2007. There are many interesting reflections one could draw from this list, but one that I find particularly important is what I will call the Monopoly Board of Citation Rankings. If you're in the "wrong" neighborhood, a citation value of 250 is phenomenal....
The hybrid war crimes court in Cambodia, which is known as the "Extraordinary Chambers in the Courts of Cambodia" (or ECCC) has arrested one of its biggest defendants yet: Former head of state Khieu Samphan during the Khmer Rouge era. (See Kevin's list of likely defendants here). And he is getting a true believer as his defense lawyer. ...
The wedding of Ghollam Nikbin was cause for joyous celebration. Nikbin was nervous about the religious police in Iran and therefore suggested that they marry in Cyprus. But his future wife's family insisted that the ceremony take place in Iran. Consistent with Islamic rules, there were two separate sites for the men and women at the wedding....
According to the Department of Homeland Security, more than 1,000 individuals who have committed war crimes, crimes against humanity, and genocide currently live in the United States free from the threat of prosecution. Senator Dick Durbin (D-IL) wants that to change:America has become a haven for the world's war criminals because it lacks the laws needed to prosecute them,...
Last week, Max Boot of the Council on Foreign Relations wrote an op-ed in the NY Times that argued for re-orienting the State Department. Starting with a discussion of the fifty foreign service officers who received orders to go to Iraq, he wrote:However welcome, this is only a baby step toward a larger objective: to reorient the department and the...
The final, synthesis part of the Fourth Assessment Report of the IPCC is being released today, in time for the Bali meeting of the FCCC conference of the parties, Dec. 3-14. Here's the summary for policymakers. Read it and weep. ...
What will international law look like in another generation? Extrapolating from current trends can be dangerous . . . but let's give it a try. One trend that’s well under way is the creation of universal international law. In his famous 1993 article by that name, Jonathan Charney argued that global problems require the creation of international...
I had the good fortune to attend, and participate in, Brooklyn Law School's conference yesterday on Corporate Liability for Grave Breaches of International Law. It was good to have a chance, for instance, to argue with Professors Bill Dodge and Beth Stephens one more time about what exactly Sosa v. Alvarez Machain means this time with respect to corporations....
The apparently insatiable Japanese appetite for whale meat is driving yet another Japanese whaling expedition to the South Pacific. This time, Japan is planning to hunt the much more endangered humpback whales. Japan is apparently hunting these whales under Article VIII of the Protocol to the International Whaling Convention: Notwithstanding anything contained in this Convention any Contracting Government may grant...
Three recent examples: ° A Seattle girl allegedly knocks off her roommate in Perugia (lurid sex involved). ° A school shooter in Finland got some pointers from someone similarly inclined in Pennsylvania (you're only a chat room away). ° A glamourous British couple's daughter goes missing in Portugal (foul play suspected). Not sure what to make of this, other than as another incident of...
