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11 Jun Guest Post: Suffering Victims and Collective Crimes: The Limits of International Criminal Law
...are the most heinous in human history or on the long-term effects on society as a whole. All international crimes are heinous and leave a mark on human history. All international crimes cause great suffering to their victims. That this suffering has been increasingly acknowledged is certainly a good thing, but I think that international criminal justice, as it gains in maturity, now needs less hyberbolic victim-oriented rhetoric, not more. B) The relationship between individual responsibility and State responsibility Beyond that, one sees here the difficulty of applying a traditional...05 Jul The EU and Migrant Detention in Libya: Complicity Under the Microscope Finally?
...Mission in Libya (UNSMIL) has called this a war crime. However, there has been no condemnation by the UN Security Council. Rather, despite three hours of meetings in the aftermath, there seems to be no consensus or condemnation by the UNSC. EU Policy of “Deterrence”… This airstrike brings into sharp focus not just the ferocity and brutality of the conflict in Libya, but specifically the role of the EU in placing vulnerable migrants and refugees in harm’s way. The Libyan conflict seems intractable and has been raging since 2011, and there has...24 Nov Stewart Mini-Symposium: The Ambitious Past of Corporate Regulation
...midst of the litigation wasn’t merely self-evident, it was exciting. In the old days, corporations were regulated in the name of a theory of the healthy role they could and must play in a democracy. They were not simply unbound — as they have been since the conservative legal movement set the terms of corporate law nationally and internationally — and then at most taxed after the fact when they went awry. Granted, the corpse of ATS may twitch for a long time and – who knows? – may one...02 Jun Samantar Insta-Symposium: Foreclosing “Official Capacity” Suits
...all respects other than name, to be treated as a suit against the entity. It is not a suit against the official personally, for the real party in interest is the entity.'”). A quick search suggests that lower courts were split on the question of whether individuals acting in their official capacity enjoyed sovereign immunity. The Court yesterday rejected the argument that individuals fall within the FSIA, but affirmed that they could fall within common law immunity. Henceforth the central focus of litigation against government officials will be whether they...
08 Oct Symposium on Gender Representation: Women in the Administration of Justice
progress – and even setbacks – in Kuwait, Oman, Saudi Arabia, and Somalia (data gathered by the UN SR). Most countries have legislation prohibiting discrimination against women both in terms of women entering judicial careers and in terms of women accessing and receiving promotions throughout their careers. However, it is important to note that the lack of effective policies discourages women from fully participating in this field. Among other shortcomings, it is worth mentioning the lack of social and political support networks; the lack of visibility, in some countries, of...05 Dec Differing Conceptions of Justice
...question (or at least it does for me) as to what the purpose of the trial should be. At first glance, the question seems to have an easy answer: to provide justice. But that begs the question: What is justice? There are always different formulations of justice working simultaneously in any trial, and while these formulations may sometimes coincide, they do not always. For instance, procedural justice (the right to a fair trial, the right to be free from unwarranted search and seizure, etc.) can obviate the demands of retributive...14 Sep Lindeman’s Framboise Raspberry Lambic Is My Favorite
...Sen. Lincoln D. Chafee (R-R.I.) to delay a vote convinced Republicans on Capitol Hill that the nomination may be doomed, prompting a search for alternatives. Administration officials said they have not given up. Secretary of State Condoleezza Rice called Chafee yesterday to kick off a lobbying campaign that will continue today when he returns to Washington after his hard-fought Republican primary victory in Rhode Island on Tuesday. Bush and national Republicans pulled out the stops to help Chafee win the primary, and they expect a payback. But with Chafee now...23 Oct Book Symposium The Electronic Silk Road: New Trade Rules for Cross-Border Flows of Information?
...“good” or a “service” (or rather an entirely new class of “things” namely “information”) and, even if so, whether any “trade” in that good or service is occurring (for example, in most cases, the consumer of the data, say, a person doing a search on Google or taking a MOOC on Coursera, is not directly paying anything for this data)? Of course, we could try to reframe the governmental intervention as something that, in any event, “affects” the supply of a good or a service upstream or downstream (e.g. restricting...27 Feb A Response to Kontorovich and Gallagher About Piracy (Updated)
...is the quote from my previous post (emphasis mine): This Article covers inter alia the troublesome matter of illegal forcible acts for political ends against foreign commerce, committed on the high sea by unrecognized organizations. For instance a revolutionary organization uses an armed ship to establish a blockade against foreign commerce, or to stop and search foreign ships for contraband, or to seize necessary supplies from foreign ships. These acts are illegal under international law, at least if the revolutionary organization has not been recognized as a belligerent by the...25 Nov Response by Professor Ann Bartow, “Obscenity and Community Standards”
...researcher Diana Russell noted almost a decade ago that proponents of the anti-pornography-equals-censorship school deliberately obfuscate any distinction between erotica and pornography , and Boyce adopts this tactic. Boyce critiques Canadian obscenity law in some detail, which I will not address beyond noting that he distorts the positions held by Catharine MacKinnon and Andrea Dworkin . I am mostly in accord with many of Boyce’s general criticisms of U.S. obscenity law, which track to a surprising extent some of the objections Catharine MacKinnon raised over a decade ago in her...