Ken Anderson is the first member of the blogosphere to read every page of the 5,000 page ICRC study on Customary International Humanitarian Law (which we discussed here when it was published last spring). His thoughtful analysis is here. So why pay attention to the study?What does the Study mean in practical terms for matters of international humanitarian law?...
A parody of the recent New York Times article, “Yale Law Frets Over Court Choices It Knows Best”: NEW HAVEN, Nov. 8 - The morning after Judge Samuel A. Alito Jr. was announced as the president’s choice for the Supreme Court, some students and professors at his alma mater, the Yale Law School, were...
Although little noticed in the mainstream media, pirates are on the prowl along the Horn of Africa. In a short squib in the New York Times this weekend it was reported that “Somali pirates chased and attacked five ships in the last week in a sharp rise of banditry apparently directed form a “mother ship” prowling the busy Indian Ocean...
The U.S. Senate's Foreign Relations Committee reported out the Council of Europe Cybercrime Convention on Thursday. I don't know enough about cybercrime to know if this Convention is important (See here for a primer), but it is worth noting that the treaty does not appear to require the U.S. to modify any of its domestic laws. All of the treaty's...
Ellen Johnson-Sirleaf was elected as president of Liberia, the first democratically-elected female president in Africa. Johnson-Sirleaf won with 59 percent of the vote. When asked whether Africa is prepared for its first female president, Johnson-Sirleaf said, “Africa is ready for a female president… Women have the education, the character, the competence, and the integrity to lead the nation.” Nigerian politician...
Here is the full text of the "Graham Amendment" Bobby helpfully pointed out yesterday. The Washington Post has an analysis here. I must run off to help interview candidates interviewing for faculty positions, but let me add a few thoughts. Not surprisingly, I'm not reflexively opposed to this amendment, at least on first glance.(1) Congress plainly has constitutional...
A very important development in the Senate today, one that may have profound consequences for the pending habeas litigation involving GTMO detainees. The development concerns an amendment to S.1042 (the '06 Defense Department Authorization bill) offered by Senator Graham. The Amendment is No. 2516, and its text is available here.Consider first section (d)(1) of the amendment, which amends the federal...
Attorney General Alberto Gonzalez gave an important speech at the University of Chicago Law School yesterday strongly criticizing the recent trend of reliance on foreign and international authority. Gonzales made several key points:1. Sometimes reliance on international law is appropriate. "Judges and lawyers routinely use international law in other contexts. For instance, judges and lawyers seeking to interpret our...
One of the most important NAFTA Chapter 11 decisions is Loewen v. United States. The Canadian company brought a $725 million claim against the United States arguing that a Mississippi state court judgment constituted a violation of NAFTA. The claim questioned whether the state court appeals process (particularly the appeal bond) could constitute an unlawful investment restriction under NAFTA. The...
As the Washington Post reports, the Defense Department has released a new directive to the military on rules governing the interrogation of detainees held in U.S. military custody around the world. According to the Post, the directive has been hotly debated within the administration, especially as Congress is currently considering the McCain bill to codify standards on the treatment of...
As Julian reported yesterday, Samuel Alito's 1972 Princeton senior thesis, "An Introduction to the Italian Constitutional Court" is now in the public domain. It is available here. The Daily Princetonian has a short summary here.There are several interesting aspects of the thesis. First, it is quite a remarkable piece of work. It is no small feat for a twenty-two-year-old...
As I mentioned previously, U.S. Supreme Court nominee Samuel Alito's senior thesis on the Italian Constitutional Court, written during his senior year at Princeton, has been missing from the Princeton archives. Today, the Daily Princetonian reports that Alito's thesis adviser has sent a copy of it to the university library and the Daily Princetonian has a brief summary here. At...
