Search: crossing lines
23 Mar Judge Pal with Jefferson Davis in Tokyo
...canned coffee to refresh visitors in the heat and humidity. On its front, the memorial showcases four lines, in English, pulled from the very last line of Pal’s nearly 250,000 word dissent. These four lines are engraved on a silver plaque. These, however, are not Pal’s words. They are the words of another. Pal had placed them in quotes in his dissent but also refrained from attributing them to their actual source, namely, the original speaker. The source of these words may come as a surprise. It did to me,...28 Feb SCOTUS Considers Application of ADA to Foreign-Flagged Vessels
In a case argued this morning at the Supreme Court, the Department of Justice has sided with a group of disabled cruise passengers who sued Norwegian Cruise Lines for failing to provide the kinds of accommodations required on public transportation under the Americans with Disabilities Act. NCL argues that, because their ships fly under the Bahamian flag, extraterritoriality doctrines should be applied, which would exempt them from ADA regulation in the same way that they are exempt from federal labor laws. (NCL’s brief is here.) DOJ and the plaintiffs’ argue...28 Apr NETmundial, Borders in Cyberspace, and a Duty to Hack
...to draw lines separating acceptable from unacceptable behavior, permitted conduct from required conduct, etc. I’ve drafted a new chapter that, in the context of cyber war, examines both the ways we draw law from borders and borders from law in cyberspace. I critique the status quo on both theoretical and functional grounds, concluding that we should seek to start a new process not just for constructing governance regimes, but normative ones as well. Consistent with the book’s central focus on cyber war, I proffer a case-study for such an approach...28 Dec Abandoned Blogs
...line – something along the lines of, this was fun (or not fun) while it lasted, but now it’s over. Bainbridge’s conversion is a riff on this, and here’s another site that recently pulled the plug in a forthright way. In the meantime, the number of abandoned blogs shows at least that the medium is still a fluid and unstable one. UPDATE: Interesting thoughts from Orin Kerr and Doug Berman, as well as this post on the growth of the Law Professors Blog Network, in addition to the comments below....
27 Nov Why Should the UN “Govern AI for Humanity”: What is at Stake and What is the Urgency?
...these have been typically slow paced. Nonetheless, due to the exponential evolution of the technology in the last year, an amplified sense of urgency has grown, which is reflected in the increasing number of governance initiatives. Currently, there is a rich yet diverse ecosystem of multiple regional and multilateral efforts towards the governance of AI lato sensu, including the United Nations Secretary General’s High-Level Advisory Body on AI (UN-HLAB); the G7 Hiroshima Process; the G20’s Guidelines; the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and...21 Oct Borderline History at Borderline Jurisprudence: Some Thoughts on Anne Orford’s International Law & the Politics of History (Part II)
as I said before, solve the Orford-Skinner or the Orford-Hunter Debate. Like all Great Debates, we may end up reading and re-reading them for many years to come. But I do hope that in these lines I may offer a different perspective on how to approach them: not as the expression of a necessary methodological incompatibility between our disciplines, but as a pool of wisdom from which to extract valuable lessons in the construction of our interdisciplinary common future – one where historians see law as language and where lawyers...09 Apr White America Fights for Democracy
As I write these lines, the United States is fighting for the very soul of its democracy. Under dispute is whether their government can forcibly transfer a lawful resident – in this case a Latino with a tattoo – to a forced labour camp in El Salvador without any due process. For now, the US Supreme Court’s answer seems to be “no”, provided the Latino with a tattoo in question files a Habeas Corpus petition before deportation. The debate is raging on as US commentators decry just how limited this...14 Apr Transparency and the Closure of Gaza
...that it would harm Israeli security to reveal what is certainly an embarrassing policy but one that has little to do with weapons or specialized defense systems. The court ordered the Defense Ministry to undo its redaction identifying the officials in charge of the policy and to release the “Red Lines” document purportedly used to calculate how much food should be permitted to enter Gaza under the policy in place from June 2007 to June 2010. Yesterday, we at Gisha received the un-redacted documents showing that approval by the most...
05 Dec Russia’s Attack on Kafr Nabl Surgical Hospital and the Role of Open Source Information in Building a Case for Legal Accountability
...as: the aircraft or munitions used, unique characteristics regarding how the attack was conducted, or – ideally – official Russian claims of responsibility. The Berlin meeting resulted in a shortlist of incidents involving attacks on hospitals, and some promising lines of inquiry regarding attribution to Russia. Preserving Potential Evidence Syrian Archive, meanwhile, was rapidly preserving online documentation of attacks impacting medical facilities in Syria before it could be taken offline and possibly lost. As of March 2021, Syrian Archive had preserved online, open source videos documenting 410 separate, verified attacks...