Barclays Bank v. Franchise Tax Board (1994) was a case that some of us (those who started teaching in the mid 90s) saw as a breakthrough case on foreign relations federalism, a sharp turn from Zschernig and the 'one voice' line of foreign commerce clause cases. As Jack Goldsmith wrote in 1999, for instance, "Barclays Bank marks a return to...
According to the Guardian, the ICJ may soon have a chance to opine on the numerous legal issues arising out of the current Israel-Hamas conflict in Gaza. The UN general assembly, which is meeting this week to discuss the issue, will consider requesting an advisory opinion from the international court of justice, the Guardian has learned. "There is a well-grounded view...
Here’s a new job posting a colleague just sent along that even Ken might find of interest: The DoD Office of General Counsel is soliciting resumes for multiple attorney term positions. Successful applicants will be part of an interagency team representing the government in over 200 habeas corpus petitions filed in D.C. District Court by individuals detained by DoD at...
So this video is obviously intended to defend the actions of the Israeli Defense Forces during their action in Gaza. But it is fascinating in terms of its footage of precise IDF bombings, and its provision by provision discussion of certain relevant provisions of the Geneva Conventions. Obviously, it is a piece of advocacy, but it is effective. Anyone have a...
'Whatever are you dreaming of, sir?' Mathilde asked him. There was a note of intimacy in her question, and she had come back running and was quite out of breath in her eagerness to be with him. Julien was tired of self-suppression. In a moment of pride, he told her frankly what he was thinking. (The Red and the Black, vol....
John Bolton and John Yoo have this op-ed in today's NY Times vaunting Article II treaties over congressional-executive agreements. While conceding the fact of CEAs in the international economic context, the duo argues that going the CEA route for such agreements as the ICC and a successor to the Kyoto protocol "would pose a serious challenge to American principles...
... economics and Hume are the fashion. (The Red and the Black, volume 2, chapter 53, "The Clergy, Their Forests, Liberty.") Special edition for ... Eric Posner, Adrian Vermeule, Andrew Guzman, Jack Goldsmith, and Kal Raustiala! (Utilitarianism has a long cultural, indeed literary, history.)...
Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate." I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...
What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...
The Baron could not produce epigrams; he required at least four sentences of six lines each to be brilliant. (The Red and the Black, part II, chapter 34, "The Hotel de La Mole." Sometimes, alas, I fear this is me.)...
Since 1955 NORAD (and its predecessor CONAD) has tracked Santa’s each Christmas Eve and has answered questions for boys and girls about his progress. NORAD’s Santa tracking service uses interactive maps updated every few minutes at http://www.noradsanta.org. As Santa stops in each location, you can click an icon to learn more about that part of the world. There are also...
