Search: crossing lines
03 Sep Back to the Drawing Board of the Partition Plan: Vice-President Sebutinde’s Erroneous Account of Palestinian and Israeli Claims of Title to the Territory of Mandatory Palestine (Part Two)
...possidetis juris would require a return to the borders specified in the Partition Plan, and not just to those established later on as armistice lines (the Green Line) after the “violent struggle” (Shalev) between Israel and its Arab neighbours (note the claim by Peter Schuller, p. 284, that the critical date for determining title to territory in this case would be 1947). Even if many UN resolutions suggest an end to the conflict based on the Green Line and are thus predicated on a return to the pre-1967 borders, the...15 Apr Questioning Political Commitments
...things along the lines of perceived credibility, which was supposed to be the dependent variable. With respect to “substance,” I thought two quite different concepts (normativity and precision) were crammed together, and that a two axis chart might have been better were they forced to share the space. As to “organization,” I found the ordering contestable: why commitments to future negotiations should be scaled higher than one-time commitments lost me at first, and tended to make sense only if it was shown varying with substance. As to “autonomy,” this was...14 Feb Justice Scalia’s Rule of Law Efforts
Justice Scalia’s passing comes as a shock and is generating tributes across ideological lines. Indeed, whether you agreed with his opinions or not (and I was not a fan of his thinking on cases like Sosa or Bond), Justice Scalia’s opinions deserved to be read. Lines like “never-say-never jurisprudence” and “oh-so-close-to-relevant cases” are some of my personal favorites. Readers should feel free to add their own in the comment section. In the meantime, I wanted to pay tribute to a side of Justice Scalia that has garnered relatively little attention...19 Jun Berman Book Discussion: Notes From a Fellow Traveler
This post is part of our symposium on Dean Schiff Berman’s book Global Legal Pluralism. Other posts can be found in Related Posts below. This is a great book, and I am almost completely on board with the orientation here. Paul is right on the money in navigating between the territorial sovereigntists on the one hand and the cosmopolitan universalists on the other. The critique of the universalists is especially key insofar as it persuasively rebuts a standard sovereigntist fallacy (along the lines of, the sovereign state may be imperfect,...
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....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...
29 Nov Also Not the ICC Arrest Warrants we Were Waiting For: On the Six Warrants in the Libya Situation
...the crimes committed in Tarhuna, I had personally expected some of them to address other geographical regions and target higher-level officials such as individuals expressly incriminated by the FFM in its reports, including Khalifa Haftar, the head of the LNA. In November 2023, the OTP outlined four key lines of inquiry, namely (1) 2011 violence, (2) detention facilities, (3) crimes related to the 2014-2020 operations, and (4) crimes against migrants. So far, other than in relation to Tarhuna, four warrants have been issued for crimes committed during the 2011 revolution...