That's the interesting argument raised in this cert. petition in Abbott v. Abbott. Although certiorari is warranted based solely on the conflict among the federal courts of appeals, certiorari also should be granted because the Fifth Circuit’s holding conflicts with the interpretation overwhelmingly adopted by the foreign courts that have addressed this issue. In construing the terms of a...
Secretary General Ban Ki Moon has been criticized by some as being invisible, at least compared with his rock-star predecessor, Kofi Annan. However, he has emerged as UN frontman for a new campaign from the UN for a plan for a simultaneous global jobs and economic recovery program together with green program. The SG's program is outlined in op-ed form...
Thanks to Deborah for that thoughtful response re the administrative detention debate ongoing now ...
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...
In the Wall Street Journal editorial Ken mentions below, Goldsmith and Posner argue -- in defense of their thesis that Europeans ignore international law if it is not in their interest to obey it -- that "when nations led by Europe created the International Criminal Court (ICC), they purported to limit the Security Council's power to delay or halt ICC...
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...
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....
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...
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...
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...
My congratulations to Professor Hakimi on a very intelligent article, with which I am largely in sympathy, and also to Matt Waxman for his response. I'm on the fly, without access to documents or the ability to search the web, so forgive the broad brush nature of this comment and question, but let me put it anyway (I'm depending on...
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...
