A very prominent scholar requesting anonymity emailed me to challenge my post yesterday regarding Second Life. He writes, I am surprised that you of all people, with your knowledge of arbitration, think that second world is lawless. For two reasons it is not remotely lawless. First, it has elaborate choice of law and choice of forum provisions. ...
As readers of this blog may know, I was not a huge fan of the Supreme Court's 2006 decision in Hamdan v. Rumsfeld and I more or less welcomed Congress' decision to reverse much of the result of that decision in the Military Commissions Act of 2006. But the Hamdan decision could still retain larger significance despite Congress' action....
In the past week or so Julian and Duncan have had interesting posts about applying laws to terra nullius and moon stations. (See here and here). But there is yet another world in which we are in unchartered waters headed to virgin territory: the virtual world. By now we have long wrestled with electronic commerce and...
Speaking of current Yale Law School Dean Harold Koh, check out his new "bobblehead" doll being offered by Yale Law's American Constitution Society for only $26.00 (not including shipping). ...
About half of the names on a list of 30 nominees passed along to the Harvard Board of Overseers have now been leaked (see here and here). Among them: Anne-Marie Slaughter (who will be known to most of our readers) and Jessica Tuchman Mathews (who has headed up the Carnegie Endowment for International Peace since 1997 and is very...
I am just now beginning to make my way through the Iraq Study Group report issued today. I wanted to raise one small but interesting issue relating to Justice O'Connor's service on the study group. We all know various historical examples in which a sitting or former justice served an important political function (John Jay, Robert Jackson, Earl...
Say what you will about the Independent's politics, the paper knows how to make a point. Today's cover: ...
Having enjoyed my experience flying on a variety of foreign airlines, I for one would welcome increased foreign investment and competition in the still-struggling, always annoying U.S. airline industry. Yesterday, the U.S. Transportation Department took a large step back from its earlier efforts to globalize the U.S. airline industry by withdrawing a proposed rule that would have allowed some...
Otherwise, not too much change here. US Citizenship and Immigration Services (the inheritor of the "benefits" side of the INS - who ever thought we'd miss it) has unveiled a new version of the so-called civics test administered to naturalization applicants, many years in the offing which will be used on a pilot basis in select markets over the...
The U.S. space agency NASA announced plans yesterday to establish a permanent base on the moon by 2020. Other than its enormous cost, this seems sufficiently remote in time as to cause little international reaction. Unlike the new island Duncan noted last week, no nation has yet claimed sovereignty over the Moon as a whole under traditional principles...
See this op-ed in the L.A. Times. Interesting that even Catholic countries are getting on this bandwagon. Immigration law is likely to be a flashpoint on the question, as the U.S. persists in refusing to recognize same-sex relationships for purposes of preferential admission. ...
There has been some chatter recently in the blogosphere (at TNR’s Open University, and here, here, and here) and elsewhere about reviving the draft or some other sort of mandatory national service. Almost of all this is coming from center-left Democrats. Charlie Rangel has been talking this up for some time, and has reintroduced a bill which would...
