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...president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time. OK, there is nothing here that is incorrect, as a matter of law, and this is not surprising since the letter was apparently drafted by Sen. Tom Cotton of Arkansas, a very smart and knowledgeable constitutional lawyer. The letter does raise a couple of important constitutional issues. First, a letter sent directly to a foreign leader on a matter which is currently under negotiations...

...basis for the judges’ ultimate determinations of a round winner. In fact, I’m convinced that my efforts to teach my students thorough international legal research and argumentation has actually hurt them at Jessup. This is because the judges, who don’t themselves know what the proper use of international legal sources is, clearly have their own closed universe of sources and arguments listed for them in their bench brief and score sheet. And wo betide the team that presents perfectly valid and supported arguments that don’t use the sources in the...

...an exercise in scapegoating. If the genuine will to interfere militarily existed, I doubt law would prove much of an obstacle. That being said, I'm somewhat hesitant to pay the UN at all. They've shown no interest in reform, and really, the purse string is the only control we have at all. Given the past effectiveness of UN peacekeepers, one should wonder whether those taxpayer dollars are wisely spent. jvarisco It seems that a lot more relevant than IL may be the thousands of nukes Russia has aimed at us....

...through negotiation/mediation early, and usually does. 4. I didn't mean they would write discovery rules into the contract. I meant they could incorporate discovery rules by reference that are more of a hybrid civil/common law approach, such as the IBA Rules of Evidence. The market also could create a menu of discovery approaches that could be incorporated by reference in a contract. Similar to Incoterms. 6-7. Fair point. But the deadlines could be in the contract initially and then modified in the early stages of the proceeding. The absence of...

...called the IRA bombings "Catholic" terrorism because we knew enough to realise that this was not essentially a religious campaign. Indeed, like the Irish republican movement, many fundamentalist movements worldwide are simply new forms of nationalism in a highly unorthodox religious guise. This is obviously the case with Zionist fundamentalism in Israel and the fervently patriotic Christian right in the US. In the Muslim world, too, where the European nationalist ideology has always seemed an alien import, fundamentalisms are often more about a search for social identity and national self-definition...

...step that I think is essential. Best, Ben Ian Henderson A quick Google search indicates that a lower estimate for deaths so far in Syria is 40,000. Strange that the issue seems to be the choice of munitions. Benjamin Davis If the number dead by a leader to stay in power were the right basis for seeking accountability by a leader then the 100 000 dead in Iraq on false pretenses would be a ground for accountability for George Bush. Best, Ben Ryan My disclaimer: I am not a law...

...national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out proceedings”. Hence, Libya will not be able to conduct the proceedings within the terms of Article 17(3) if it cannot get custody of Saif Al-Islam as a result of “a total or substantial collapse or unavailability of its national judicial system” and the possibility of conducting a trial in absentia is not relevant for such determination. This is absolutely correct, and the OTP deserves credit for being...

...the scope of Article III review on appeal of any commission trial. The major points of contention at yesterday’s hearing focused on the proposed protocol put forward by the Administration’s Detention Policy Task Force for determining whether criminal prosecution of Guantanamo detainees should proceed in an Article III court or in military commission. The Administration’s protocol says there will be a “presumption” that cases will be brought in Article III courts “where feasible.” It also identifies a set of factors that will govern its choice between two available forums, including...

...quick lexis search for US law review articles with "crimes against humanity" in the title. Got 82 responses. Searching for "crimes against humanity" in the body of law review articles returned the dreaded "More than 3000 Results!" error. So it's not like they couldn't have figured this out. Jordan Response... And what is somewhat amazing in terms of U.S. judicial power is that the judge can take "judicial notice" of the law (e.g, have the judge's cleark(s) find it for her/him); but in the real world, because most judges in...

...I think this is right). So can we drop the stupid piracy meme? There are some very hard legal issues here: Is Israel’s naval blockade legal? (Probably). If so, was the boarding in international waters legal? (Maybe). And even if so, did the IDF use disproportionate force? (I have no idea). This last question is really the key issue here, and it is also the one that is never going to be resolved with any certainty given that it is dependent on neutral factual determinations that will never happen here....

...meticulously researched, and all facts are cross-checked with additional eye-witnesses and/or the archives of other human rights organizations also active in the field. Every soldier who gives a testimony to Breaking the Silence knows the aims of the organization and the interview. Most soldiers choose to remain anonymous, due to various pressures from official military persons and society at large. Our first priority is to the soldiers who choose to testify to the public about their service. What makes this kind of work so effective, of course, is that it...

...German seamen thought they were dead for a substantial period, and, I believe in at least one case, the wife of one of the sailors remarried. Such grief and disorientation of lives might be thought of even greater consequence than the humiliation of a few unapproved interrogation techniques. Would the decision be different because of a difference in the level of threat we now face? Who makes that determination? Should we condemn Fleet Admiral Ernest King (who made this decision) as a war criminal or honor him as a patriot?...