As I've noted before, I am not an expert in the case law on revocation or renunciation of US citizenship, but I wanted to flag Professor Peter Schuck in the Wall Street Journal today arguing that it is indeed possible to revoke Faisal Shahzad's citizenship. Behind the subscriber wall, here. A bit from the middle of the piece: Revoking the citizenship...
Alan Dershowitz has never been shy to express his views, but I think he may be going a bit far here in reaction to recent stories about Judge Richard Goldstone's service to the Apartheid regime in South Africa. Goldstone was--quite literally--a hanging judge. He imposed and affirmed death sentences for more than two dozen blacks under circumstances where whites would almost...
I'm sorry, but I still find the argument that the Arizona Immigration Law violates the International Convention on the Elimination of Racial Discrimination deeply unpersuasive. The fact that five U.N. special rapporteurs on human rights have weighed in here with the same analysis as Human Rights Watch doesn't convince me of much, other than that I am even less impressed...
It doesn't look like she's written anything even remotely related to international law (it is surprising how little she's written on anything, for an academic). On the now-standard question of what role IL should have in constitutional interpretation, we have this out-on-a-limb answer from her confirmation as Solicitor General: I do not believe that international law (assuming it has not been incorporated...
I wanted to point our readers to a terrific discussion at EJIL Talk! on our own Ken Anderson's recent article "The Rise of International Criminal Law: Intended and Unintended Consequences". Ken's article "offers a high-altitude, high-speed look at the effects of international criminal law on other parts of public international law and organizations." EJIL Talk! has solicited two very interesting...
Not surprisingly, Ed Whelan breaks from the post and takes the lead in the most-ridiculous-criticism-of-Elena-Kagan derby, claiming that not learning to drive until her late 20s...
Is there anything new or useful to say about "International Law and the Israeli-Arab Dispute"? Well, a number of scholars (including Ken, Roger, and myself) will try to come up with something next Monday, May 17, during a conference at Northwestern University School of Law. This is one of the few subjects intersecting international law where there is way too...
It's a done deal: President Obama will nominate U.S. Solicitor General Elena Kagan to the U.S. Supreme Court tomorrow. Kagan will be the first nominee for the Court since the 1970s who has no judicial experience, although I doubt this will be a problem for her (it may even be an asset). As Kevin has already noted, Kagan will probably...
Last week, Russia announced with some fanfare that it had captured several Somali pirates who had attacked a Russian-flagged vessel. It had also announced that (like the U.S.), these pirates would be brought back to Russia for trial. And then yesterday, Russia announced...
Ian Hurd, the distinguished scholar of international organizations (e.g., After Anarchy) at Northwestern University, has posted to SSRN a short response to an article much-discussed here at OJ, Michael Glennon, "The Blank Prose Crime of Aggression." Professor Hurd's response is titled, "How Not to Argue Against the Crime of Aggression." It is not long, elegantly argued and usefully systematic, and...
As most people probably know, Duke's Guy-Uriel Charles wrote a devastating blog post criticizing the lack of diversity in Harvard Law School hiring while Elena Kagan was Dean. (Short version: 28 of 29 were white, one was asian; 23 of the 29 were men.) The White House has now pushed back against the post by releasing what strikes me as...
Joe Lieberman has just rolled out a bill (text here) which would strip individuals associated with foreign terrorist groups of their US citizenship. He's been playing this as if it were a minor statutory fix. It's true, as he's been stressing, that current law terminates citizenship for "entering, or serving in, the armed forces of a foreign state if (a) ...
