First and most importantly, my sincere thanks to Marko Milanovic and Pierre-Hugues Verdier for taking the time to offer such careful and insightful reactions to my work. I’m extremely fortunate to have them as “virtual” colleagues, and I appreciate the efforts of the YJIL editors and folks at Opinio Juris in creating a forum for this online exchange. As Marko and...
First of all, I would like to thank Chimène for the opportunity to comment on “Rights Beyond Borders.” I have also had the opportunity to read Marko’s insightful comments, and I will refer to them later on. The article takes on a thorny question that constitutional courts around the world have faced in recent years: whether, and to...
Chimène Keitner has written a powerful article in ‘Rights Beyond Borders.’ She is right that there have been few comparative discussions of the extraterritorial reach of domestic (constitutional) protections of individual rights. Her piece goes a long way towards filling that gap. I am in complete agreement with Chimène that there is much to be learned from such a comparative...
[Chimène I. Keitner, Associate Professor of Law, University of California, Hastings College of the Law; Co-Chair, American Society of International Law Annual Meeting] United States courts are not alone in confronting the question of whether certain domestic rights extend beyond the country’s territorial borders. Yet, the field of comparative constitutional law has largely ignored the question of extraterritoriality. My Article, Rights...
We are pleased to introduce to you today an online symposium discussing Hastings Law Professor Chimène Keitner's article, Rights Beyond Borders, published in the Yale Journal of International Law. Her interlocutors will be Marko Milanovic of the University of Nottingham and Pierre-Hugues Verdier of Virginia Law School. ...
On behalf of the organizers and the APCML, of which I am a part, I want to call readers' attention to the following conference: AFFECTIVE STATES OF INTERNATIONAL CRIMINAL JUSTICE 20 ‐ 22 July 2011 Melbourne Law School Presented by Asia Pacific Centre for Military Law (APCML) and Institute for International Law and the Humanities (IILAH) Supported by an Australian Research Council Discovery Project Grant Convenors: Peter Rush...
So, you're a state senator in the deep South. You love freedom, which is why you're a Republican. You know that Shariah (aka Shari'ah) is the enemy of freedom. You also know that, although Shariah currently plays no role in the law of your state, it will eventually supplant the Constitution (sometime in the next four decades, you estimate) unless...
I'm at Harvard Law School today for a symposium, Cybersecurity: Law, Privacy, and Warfare in a Digital World. I'll be talking about my e-SOS paper, how international law deals with cyberthreats, and ways it could do a better job. Anyone who's interested can watch the proceedings; it's being live web-cast here. I wanted to flag a fascinating debate over the future of the Internet that just...
The Tribunal de Grand Instance de Paris has issued its judgment in the unconscionable criminal-libel suit brought by Karine Calvo-Goller against NYU's Joseph Weiler. Weiler, I am happy to report, prevailed on both of the key issues: lack of jurisdiction and whether the lawsuit had so little merit that Calvo-Goller's decision to file it was abuse of process. In terms...
As Roger noted earlier, Bradley Manning has been formally charged with "aiding the enemy," a potentially capital offence. (The military has said that it will not seek the death penalty.) The strength of the charge, however, is difficult to determine. Here is the text of Article 104 of the Uniform Code of Military Justice: 28. Article 104—Aiding the enemy a. Text of...
According to NBC News, "Pentagon and military officials say some of the classified information released by WikiLeaks contained the names of informants and others who had cooperated with U.S. military forces in Afghanistan, endangering their lives. According to the officials, the U.S. military rounded up many of those named and brought them into their bases for their own protection....
Just a quick update to point out that Pennumbra, the University of Pennsylvania Law Review's online companion, has published the fourth and final installment of my debate with John Dehn on the targeted killing of Al-Aulaqi. You can find the entire debate, including my just-published Closing Argument, here. My thanks to Pennumbra for inviting me to participate, and to John for...
