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12 Sep The Rise of International Law in Flagship Law Journals
...the two year period summers 2004-06, the number is 40. Student notes are excluded from the figures, as are straight comparative, immigration, and European law subjects. (The two lists can be found after the jump. Thanks to my research assistant Jonas Mann for doing the legwork.) When I first started teaching in 1994, IL scholars making unsolicited submissions to flagship journals often had the experience of getting an acceptance from a journal they hadn’t even submitted to, as main-journal editors walked submissions down the hall to their IL-journal counterparts. That...27 Feb Judge Kozinski’s “Rich History” of Piracy
...term is normally used as an antonym to “public” (e.g., private attorney general) and often refers to matters of a personal nature that are not necessarily connected to finance (e.g., private property, private entrance, private understanding and invasion of privacy)…. We give words their ordinary meaning unless the context requires otherwise. The context here is provided by the rich history of piracy law, which defines acts taken for private ends as those not taken on behalf of a state. Kozinski doesn’t mention any of the historical sources that ostensibly constitute...
16 Dec Digital Accountability Symposium: Mass Atrocities in the Age of Facebook–Towards a Human Rights-Based Approach to Platform Responsibility (Part One)
...platform as a neutral mirror that merely reflects society as it is. In practice, Facebook exerts considerable influence over both the permissibility and visibility of online content: first, as a content gatekeeper, Facebook determines which categories of content are allowed and prohibited on its platform; and second, as a content organiser and amplifier, Facebook individualises the experiences of its users, prioritising some content over others, through algorithmic personalisation. To perform these functions, Facebook relies on a mixture of architectural design and moderation rules, enforced by systems that combine data-fuelled algorithms,...24 Jun Book Symposium: “The Democratic Foundations of Policy Diffusion” by Katerina Linos
...Brewster, Pierre Verdier and Harlan Cohen. It speaks to the quality of Katerina’s work that we’ve been able to assemble such a stellar line-up of commentators, and we look forward to the debate. We’re also very pleased that Oxford University Press has come on board to offer our readers a 20% discount. To claim the discount, simply visit oup.com/us and type 23954 in the Promo Code box on the upper right-hand side of the OUP homepage, and search for The Democratic Foundations of Policy Diffusion by title or ISBN 9780199967865....08 Dec The Constitutional Limits of Counter-Terrorism Cooperation
...calls and emails,” Hemdan said of the FBI. On Aug. 28, UAE security officers took Hamdan away as he, his wife and three children ate lunch in their Abu Dhabi apartment on the pretext of bringing him to a police station to sign papers related to a car accident, Mallouk said. She said that when her husband failed to return, she began a fruitless search for him at police stations. “I called the U.S. embassy . . . the next day. I was crying. They didn’t seem to care,” she...28 Aug The Death of a Customary Rule of International Law
...it by collectively ignoring it. In the case of International Law, the rule that states are only bound by rules they consent to implies that they should be able, on some reasonable terms, to withdraw from both treaties and ICL rules. Presumably, a sufficiently flagrant and consistent breach should do the trick... Martin Holterman I found the cite: Digest 1, 3, 32: Iulianus libro 84 digestorum pr. De quibus causis scriptis legibus non utimur, id custodiri oportet, quod moribus et consuetudine inductum est: et si qua in re hoc deficeret,...01 Jul Resurrecting Gonzales: Sam Erman Comments
...Court departed from the conventional wisdom that the Fourteenth Amendment made U.S. citizenship and U.S. nationality coterminous. Instead, Gonzales introduced into U.S. legal culture—if not explicitly into U.S. case law—the category of non-citizen national. The case was also an important chapter in the history of U.S. citizenship. As I have argued elsewhere, scholars too often conceive of U.S. citizenship either as an ahistorical ideal or as a stable, well-defined legal term that changed slowly. By contrast, Burnett observes how the lawyers for both parties stressed the plasticity of legal terms...
23 Aug Symposium on Informers Up Close: Journeys – Engaging with Informers Up Close
...entire project. And now these themes indeed suffuse this symposium in that they resonate through the words of all four commentators Our book bobs and weaves between academic writing and journalistic exposition. Academic hangovers compel us to define and delimit. Halfway through the project, once the empirical research in the archives was complete, and our file-stories drafted, we hit a point of inflection. Should we just stop there? Should we simply publish the file-stories, with modest historical background to situate the reader in Communist Czechoslovakia, and leave the rest unspoken?...
15 Sep Transitional Justice Symposium: Giving Politics Its Due–Late Reflections on Ruti Teitel’s Transitional Justice
[Frank Haldemann is Co-Director of the Master of Advanced Studies in Transitional Justice, Human Rights and the Rule of Law at the Geneva Academy of International Humanitarian Law and Human Rights.] I first met Ruti in 2006, when I was a Hauser Global Research Fellow at the New York University of Law. For many of us working on transitional justice in these still early days, Ruti’s book Transitional Justice represented the ultimate reference point for any serious discussion about the topic. I was of course thrilled when she kindly accepted to comment...17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
...for all the attention that al-Shimari and Ali have received from observers like Professor Dickinson, I want to suggest in this post that we would do well to also consider United States v. Brehm—a less-noticed appeal argued yesterday before a three-judge Fourth Circuit panel—as a reason to search for nuance in the quest for a coherent approach to contractor liability. The issue in Brehm is fairly easy to describe: Sean Brehm is a South African national who, while employed by DynCorp (a U.S. military contractor) as a travel supervisor at...