International Anti-Corruption Day is sanctioned by the UN as a day to increase awareness of corruption and its effects upon governance and public life. I realize that today's events in Chicago raise the possibilities of some heavy-handed irony - but actually, I'm pleased in a quite un-ironic way. If one has to have the phenomenon of this day for this,...
Over the weekend, Stuart Taylor joined the cast of conservative legal commentators (see also Jack Goldsmith, Ben Wittes, Jack Goldsmith and Ben Wittes) offering advice to the incoming Obama Administration on how to right the legal ship of security and state. Taylor’s reasonable jumping-off point: the actual security threats against the United States. President-elect Obama's announcement of his (mostly) stellar national...
Over at the Harper's blog, Scott Horton has posted a Q& A with Mary Ellen O'Connell about her book "The Power & Purpose of International Law." (OJ hosted a discussion of Professor O'Connell's book last month, accessible here.) Among the interesting exchanges is this discussion of the U.S. relationship to the ICJ and rejoining the Optional Protocol of the...
The ACLU has filed a habeas corpus petition on behalf of a U.S. citizen who, as of the time of filing, had been held by the United Arab Emirates for about three months without charges. And, beyond the issue of unlawful detention, there are now also allegations that the UAE Security Services have used torture to extract a false confession. Did the UAE...
Later today the Berkeley City Council will entertain measures to censor Boalt Hall: Berkeley's City Council will delve into national policy again next week when it votes whether to demand the United States charge Berkeley resident and former Bush adviser John Yoo with war crimes...
Update, Friday, December 5. Eric Posner was kind enough to cite me on this and some other posts referenced under the Guantanamo tag. Eric might well be right in saying that this is premature; I am blogging about this, but will look more seriously (i.e., assign a research assistant to dig out What They Said Under Bush, What They Said...
Not according to Stephen Zunes, a Middle East expert at the University of San Francisco. He recently posted an essay on Alternet that should give progressive international lawyers and scholars pause. Here is the introduction: For those hoping for a dramatic change in U.S. foreign policy under an Obama administration -- particularly regarding human rights, international law, and respect for international...
Crossborder remittance payments by immigrant workers to their relatives back home are an increasingly important capital movement in the world, especially among poor people. The United States, for example, has sometimes treated remittance payments as part of its calculations of international aid public and private. It has only recently started to receive academic attention, however. My colleague Ezra Rosser has...
No less an authoritative source than the Wall Street Journal reports that outgoing Homeland Security Secretary Michael Chertoff may be rethinking his views on what makes for effective counterterrorism strategy. The Bush administration's point man in protecting America against terrorism says U.S. investments in safety should not be restricted to airport screening machines or border fences. Michael Chertoff says the...
Last month the Supreme Court rendered its latest installment on the issue of judicial supervision of national security. Winter v. NRDC has received surprisingly little attention, but it strikes me as an important example of judicial deference to the Executive Branch in military affairs. This language in particular is noteworthy: We “give great deference to the professional judgment of...
Peter Raven-Hansen has a review of Jack Goldsmith's The Terror Presidency in the latest American Journal of International Law which includes some thoughts on law professors as top government lawyers. His basic line, with John Yoo as the example: better not to use a perch in the government to validate your academic theories. But in this fact lies a risk for...
An association of 15 human-rights groups, including Human Rights Watch, Human Rights First, and the Save Darfur Coalition, released a devastating report today on the Sudanese government's cynical -- and mendacious -- PR campaign to convince the international community that it is committed to bringing peace to Darfur. Here is a snippet of the executive summary: This report focuses on four...
