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17 Apr Justice Kennedy’s One-Paragraph Concurrence
Would’ve been helpful if he’d said a wee bit more. For now, we’ll have to comb through the majority opinion in search of the questions he has in mind. In the meantime, worth noting the Court was 9-0 in affirming the Second Circuit’s decision to dismiss the ATS complaint in this case. JUSTICE KENNEDY, concurring. The opinion for the Court is careful to leave open a number of significant questions regarding the reach and interpretation of the Alien Tort Statute. In my view that is a proper disposition. Many serious...
13 Jan The Mighty Apple, Google, Tesla, Dell and Microsoft in “the dock” – A Look At the Child Labour Lawsuit
...the use of child labour and Umicore processes cobalt mined by Glencore. The processed cobalt from Glencore is then sent to the defendants. In the case of Dell and Tesla, LG Chem is supplied by Glencore then it in turn supplies Dell and Tesla, according to IRA’s research. Huayou Cobalt allegedly supplies cobalt to Apple, Dell and Microsoft. IRA indicate that during the refining process, Umicore deliberately mixes cobalt allegedly mined by children with other cobalt and “takes other steps to impair the traceability of the DRC cobalt to give...26 Nov Whatever Happened to Law Firms Going Public?
...require large amounts of capital to operate and, as it happens, leverage as well. To that extent, going public gives them access to the large pools of capital that are basic to their proprietary trading businesses. A professional firm is different; it is selling its expertise, not leveraging the management of capital. In Business Associations, I used to discuss why public corporations came about, in the search for larger pools of capital for … capital investment. Whereas professional partnerships have relatively low capital requirements, and lawyers quite possibly (at least...
10 Sep Contemporary International Criminal Law After Critique Symposium: Visuality and Visibility in the Quest for New Critical Registers – Probing the Ecocide Aesthetic
[Daniel Bertram is a PhD candidate at the Department of Law, European University Institute. George Hill holds an LLM from the Department of Law, European University Institute and currently works as a researcher in London.] “International criminal law is dead, long live international criminal law!” There is an almost schizophrenic air to much contemporary discourse about the role of international criminal law (ICL) in world politics. In the scholarly world of scientific journals, academic conferences and classroom debates, ICL has come to be viewed with suspicion. From prosecutorial choices to...17 Nov Hell Hath No Fury Like a Tribunal Scorned (Updated)
According to AFP, the ICTY has issued an “arrest warrant” for Florence Hartmann for failing to pay the fine she received for her 2009 contempt conviction: The UN Yugoslav war crimes court issued an arrest warrant Wednesday against a former spokeswoman for the tribunal’s chief prosecutor for refusing to pay a 7,000-euro ($10,000) fine. Florence Hartmann, a French national, was found guilty of contempt in 2009 for disclosing confidential details of the trial of the late Serbian strongman Slobodan Milosevic. “The French Republic is hereby directed and authorised to search...05 Nov Suing to Block Oklahoma’s Constitutional Amendment
...a U.S. treaty obligation? Chief Justice Roberts and Justices Kennedy, Scalia, Ginsberg, Alito and Sotomayor all endorsed doing so last term. Or, what about looking to the law of treaties to discern what constitutes a U.S. treaty commitment or how to interpret it? If they don’t look to such international and foreign laws, on what grounds would Oklahoma judges interpret or apply a U.S. treaty? These questions, however, do not appear widespread among those troubled by the amendment. For now, the focus appears to be on its singling out Sharia...24 Jan Covington and Burling and the Cote d’Ivoire
...But such arrangements can prove uncomfortable if the clients become the focus of international controversy. Last week, for example, the Washington Media Group announced that it had severed ties with the collapsing regime in Tunisia amid reports of human rights abuses. The process of Foreign Agent registration (i.e., becoming a lobbyist for foreign interests) is quite transparent. You can search the DoJ database here. Many of the registrants are lawyers, but a surprising number of names associated with some of the larger law and lobbying firms are former U.S. diplomats....09 Aug Cuba, the Guantanamo Treaty, and the International Court of Justice
...said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose. Presumably, the U.S. argument would be that detention center is “necessary to fit the premises for use as a … naval station…” but it doesn’t seem all that strong. Now Cuba has a pretty good legal argument in search of forum. It might try suing the...16 Oct Canadian Provinces Suing Americans for Transboundary Harm
The Canadian province of Ontario suing Americans over transboundary air pollution?! Are we serious? We are. A convergence of a political, legal, and scientific developments have made this hypothesized lawsuit possible – a lawsuit that would have seemed quite unlikely just a few years ago. Tobacco litigation in Canada signals the lowering of some jurisprudential hurdles, causation problems have been partially overcome by the advance of epidemiological research and air quality modeling, and the politics of U.S.-Canada relations are sour enough to test the patience of the usually unlitigious Canadians....08 Dec Weekly News Wrap: Monday, December 8, 2014
...were killed by their captors, officials said. Asia China’s foreign ministry rebuked the U.S. Congress on Monday after legislators passed a bill allowing the sale of second-hand warships to Taiwan, the self-ruled island which Beijing claims as a renegade province. The United States will keep up to 1,000 more soldiers than previously planned in Afghanistan into next year, outgoing U.S. Defense Secretary Chuck Hagel said on Saturday, in a recognition of the still formidable challenge from Taliban insurgents. Europe Spanish rescue teams said they had called off their search for...