Thanks to my research assistant Heather Bourne, I've been reading a few of Judge Sotomayor's cases involving treaties. And although Julian suggested a few weeks ago that Sotomayor might be a closet sovereigntist, at least one case -- her dissent in Croll v. Croll, 229 F.3d 133 (2d Cir. 2000) -- suggests that she has internationalist leanings as well (subject...
Stephen Walt has a fun piece on the International Relations Guide to Parenting. Here's a taste: [N]o parent can monitor everything a child does (and you'd end up with a pretty neurotic kid if you tried), and you eventually reach a point where physical restraint (in IR terms, "pure defense") isn't practical. So we all rely on deterrence -- "if...
Roger, I was thinking about your post below on the Iran elections, and your comment on the 1981 Algiers Accords, which provide that "it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs." Failure to comply, you note in your post, could result in a...
Advisory committees are usually makeweight undertakings, supplying a crumbs-from-the-table kind of federal patronage. Not much work required of committee members to correspond with the associated level of prestige and compensation. For insiders, it must usually be a minor sort of bother. Brief outside "experts" on latest developments, make them feel in the loop, go back to work;...
[OJ Ed. - Professor Guiora had initially submitted the following post in two parts. They appear below in sequence, with the second half responding specifically to Ken Anderson's question.] The ‘limits of power’ is essential to the ‘rule of law’. While perhaps an obvious motto or slogan its application in times of crises is no mean feat. FDR’s decision to interne...
I'm delighted that Amos is guest-blogging with OJ this week, and I've read with great interest his posts - as well as his scholarship and policy writing - on administrative detention and related topics. I have always wanted to ask the following, without a lot of knowledge, as I've never been to Israel and have only reading knowledge both of...
Once more, the online world of the metaverse (a term to encompass online virtual communities like Second Life, Entropia, etc.) reflects "real world" economic transactions. (See this and this for background.) The latest story (via Futurismic) is how an executive of Ebank, a bank set up in the metaverse Eve Online, illegally sold the deposits and collateral of its depositors...
There are two fundamental realities regarding the Israeli administrative detention process: 1) the individual (detainee) cannot confront his accuser 2) the individual (detainee) involved in planning terrorist actions is detained prior to carrying out an act of terrorism. Balancing these two is essential to lawful implementation of a measure, which by its very...
Bridget Crawford of Pace Law School and the Feminist Law Profs blog passes along the following call for papers for an upcoming symposium focused on comparative constitutional approaches to national security: Pace International Law Review 2009-2010 Symposium Call for Submissions Pace International Law Review is planning a symposium entitled Comparative Constitutional Law: National Security Across the Globe to be held in November of...
I am watching with fascination the Iranian protesters respond to the apparent election fraud in Iran. There are so many wonderful new media sources that it is difficult to keep up with the developments. Here's one old media outlet that provides a good list of new media sources. President Obama is in a pickle. ...
[OJ ed. Note this post was submitted before comments to Mr. Guiora's first post were received.] In Monday’s post, I presented the fundamental principles of administrative detention. Today, I will discuss the process and considerations when to apply the measure as developed over the course of years in Israel with respect to a specific individual. The measure is applied in...
We're delighted to have Professor Amos Guiora join us this week as a guest blogger at Opinio Juris, where he'll be discussing what lessons U.S. lawyers and policymakers might draw from the Israeli experience in administrative security detention. As many regular OJ'ers know, Professor Guiora is an expert on comparative counterterrorism law and has published extensively both in the United...
