In association with the International Commission of Jurists

Try or Release

26 Nov

As a follow-up to Peggy's very interesting post below on the performance of global versus non-global law firms, let me raise an issue that has, for obvious reasons, disappeared in the last year, but which was a topic of discussion in 2007 and might well re-surface at point in the future: law firms going public via an IPO and listing...

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25 Nov

The ICC has been holding a competition to determine which architecture firm will build the Court's permanent home.  Yesterday, the jury selected three winners.  Here they are, from first place to third place: As the article notes, the ICC can award the actual contract to any of the three winners.  The final design will be chosen in 2010 and the building...

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25 Nov

I thank Professor Bartow for taking the time to respond to my article, but I am deeply disappointed that she has chosen to misrepresent many of its principal arguments, attacking me for statements I did not make and for opinions I do not hold. My article is a comparative study of constitutional obscenity jurisprudence in the United States and Canada....

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25 Nov

Jack Goldsmith and Eric Posner have an interesting op-ed in today's Wall Street Journal (November 25, 2008), "Does Europe Believe in International Law?"  I believe it is behind the subscriber wall, but it offers a series of instances in which, in effect, Europe says one thing and does another.  In fact, Europe's commitment to international law is largely rhetorical. Like the...

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25 Nov

I was asked to respond to Bret Boyce’s recent article, published in the Yale Journal of International Law and entitled “Obscenity and Community Standards.” My one sentence summary of his thesis is this: Pornography is private sexual expression with which legislatures and courts should not interfere. Although this article was published in a forum dedicated to international law, it doesn’t...

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25 Nov

  In this article, I present a comparative study of constitutional obscenity doctrine in the United States and Canada, and argue that the community standards test that has long been the touchstone of this jurisprudence cannot be reconciled with fundamental principles of freedom of expression and conscience.    In the United States, the imposition of community standards of morality is at odds...

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24 Nov

Thanks to Matt for his very thoughtful comments. I agree with almost all of them, so will take this opportunity to amplify on some of the issues he raises. First, Matt “wonder[s] whether administrative detention is so underdeveloped, or so expansive a concept, that it doesn’t make sense to think of it as a single model at all.” I agree with...

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24 Nov

I thank YJIL and Opinio Juris for the opportunity to comment on Monica Hakimi’s article, “International Standards for Detaining Terrorism Suspects: Moving Beyond the Armed Conflict-Criminal Divide.” Monica’s important paper will contribute to a raging debate likely to grow more intense as President-elect Obama moves to shut down Guantanamo and put U.S. detention policy on sounder legal footing. ...

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24 Nov

Thanks to Opinio Juris for hosting this symposium. I read the blog regularly so know to expect a lively and interesting discussion.   My article addresses the international legal rules for detaining “non-battlefield terrorism suspects”—i.e., suspected terrorists not captured on a conventional battlefield or in the theater of combat. Despite the extensive literature on the rules that govern the “war on terror,”...

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