Search: crossing lines
02 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 One)
...state that could lay claim to using internal Palestinian district lines as the basis of its borders.” Again, Judge Sebutinde simply embraces this line of argument (paras. 62, 72), and all four link this to the principle of uti possidetis juris (see Part Two). The Declaration of the Establishment of the State of Israel (adopted 14 May 1948; hereinafter Declaration of Independence), referencing the termination of the mandate over Eretz Israel (encompassing Mandatory Palestine), does indeed appear to lay claim over the whole territory, invoking natural and historic right and...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...
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...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...
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 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 Jan Not the Postnational President, Yet
...a global solution. The speech was hardly bold in this respect. The one passage pointing to something different: And because we have tasted the bitter swill of civil war and segregation and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace. The “lines...
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...