Andrew Kent has posted on SSRN an important article entitled A Textual and Historical Case Against a Global Constitution, forthcoming in the Georgetown Law Journal. You can read the abstract and download the article here. The broad issue addressed is whether the U.S. Constitution applies to aliens abroad. Kent "challenges the textual and historical grounds advanced to support the...
Tomorrow, China’s President Hu Jintao has a summit scheduled with President Bush that will cover a variety of important topics, ranging from the Iranian nuclear crisis, China’s human rights record, the U.S. trade deficit with China, and China’s undervalued currency. But, its political importance aside, this will simply be one among many meetings Bush will have this year with foreign...
The Pentagon today released the first complete and official list of all detainees currently held at the U.S. base in Guantanamo Bay, Cuba. Here is a copy of the list. According to the Pentagon, all of the 558 detainees have been through the Combatant Status Review Tribunal process and nearly all have been designated "enemy combatants." Thirty-eight have...
Ian Best at 3L Epiphany has posted a summary of law review articles that cite legal blogs. The list is 27 pages long and includes citations to over 70 legal blogs, including this one. If you scan this list you will see that blogs are cited in dozens of law reviews, including top ones like the Yale Law Journal,...
US/EU efforts to convince the Hamas-led Palestinian Authority to recognize Israel and disavow suicide bombings are not going very well. Russia has already pledged $10 million to the financially-strapped PA government; Iran has pledged $50 million, and Qatar has pledged $50 million. And now Saudi Arabia has pledged an additional $92 million. I don't know whether using financial assistance...
The Philippine press is abuzz with news that an environmental activist by the name of Elipidio "Jojo" de la Victoria was murdered last week in apparent retaliation for his outspoken efforts to protect the Visayan Seas, one of the richest marine eco-regions in the world. According to an editorial in the Philippine Sun Star, "[c]ommercial fishing is big business,...
As Chris notes, I am guest blogging over at PrawfsBlawg for a week or so, and will cross-post my musings there over here. At the AALS meeting back in January (yes, I am late catching up), Peter Strauss of Columbia Law School gave an interesting talk to kick-off the discussion of transnational legal education. Strauss compared the current discussions...
Here's a topic that you don't read about everyday: my St. John’s colleague Nelson Tebbe, who is guest blogging at Prawfsblawg, has posted about his recent work on the regulation of witchcraft in South Africa’s evolving democracy. It is an interesting mix of comparative law, democratic theory, and law and religion. (By the way, for added fun at no...
There are few more influential trade positions in the world than the U.S. Trade Representative, a cabinet-level position for the U.S. government's chief trade negotiator. One can make the case that the USTR is more important than, say, the Commerce Secretary and certainly the USTR's international portfolio makes it one of the leading international cabinet offices (behind Defense and State)....
Exciting — and long overdue — news: Germany has agreed to open its Holocaust archives in Bad Arolsen to historians and the public. The archives, which have long been used by the International Red Cross to trace missing and dead Jews, contain between 30 and 50 million documents. I hope Roger will offer us his thoughts on this...
An appeals court in the Central African Republic has referred Ange Felix Patasse, the country's former president, and Jean-Pierre Bamba, the Democratic Republic of Congo's current vice-president, to the ICC. Security forces controlled by Patasse and backed by soldiers from Bemba's then-rebel army are accused of executing and raping civilians after they staved off an attempted coup in 2002....
Or so says claimant John Paul Marshall. In the case of Marshall v. United Nations, 2006 WL 947697 (E.D. Cal. 2006) (not available online) a federal district court in Sacramento was faced with a 325 page “rambling and unintelligible” complaint that alleged that the United Nations, the United States, the State of California, and the city of Sacramento violated Marshall’s...
