Search: crossing lines

The wide-ranging responses to Oona’s work are a testament to its ambition and importance. In the interest of keeping the discussion manageable, I’d like to offer two additional comments on Oona’s piece even though I could easily pursue a half dozen other lines of inquiry. First, I wanted to comment on the subtitle of the article—“The Past, Present and Future of International Lawmaking in the United States.” I wonder about the use of the term “lawmaking” here. Is it true that when we talk about treaties we’re always talking about...

...angle takes a bit of trial-and-error to get right, but once you get the hang of it, its scanning is remarkably accurate — I average around 95-100% accuracy per paragraph of text. The pen is also smart: if you are scanning multiple lines of text, it automatically eliminates the hyphens that break up words that extend over two lines, avoiding the need to go back and eliminate them manually. I could go on, but you get the picture. The C-Pen 20 is a remarkable device, and I highly recommend it...

...Czechoslovakia and the CSFR are both displayed on the “Czech” line.) During the communist era, the number of commitments fell significantly behind the general rise in the number of existing international HR treaties (red and yellow lines), but after 1989 the two countries caught up and their commitment curves rose extremely quickly (the first two dotted lines mark the years 1990-1992). Figure 2: Human rights commitments of Czechoslovakia, the CSFR, Slovakia, and the Czech Republic over time (Source: authors) As shown in Figure 2, a boom in commitments is noticeable...

...were neutralising the inter-state rivalries of yesteryear. Briefly, vertically and horizontally integrated multinational firms were supplanting the nation-state as ‘the primary form of political organization of world capitalism’ thus reducing instances of cross-border strife. Building on and possibly even supplanting the work of Arrighi, Robinson and Harris detailed in an important article the ways in which neoliberalism was further transforming the existing capitalist order: through widespread integration of national economies in the world trading system and a restructuring of finance and production systems along global lines. Combined – and despite...

...After all, it was he who insisted that Libya would release Taylor if the ICC “apologized” for her actions. Either Libya lied to him and he took its representations at face value or he simply assumed that an apology would lead to Taylor’s release. Neither scenario makes him look very good. Nor, unfortunately, is that all. Reading between the lines of a recent Sky News report, it seems that Taylor is still under the control of the Zintan rebels, not the Libyan government: Despite repeated requests, Ms Taylor has not...

...conflict. This would presumably enter into force at its choosing, when it has secured the territory it is really aiming for. A cease-fire would leave the invading armed forces in control of large swathes of Ukrainian territory beyond the Donbas, for instance along Ukraine’s Southern coastline around Odessa. Freezing the lines of control would effectively divide the country, potentially forever. Hence, any peace settlement would need to tie a cease-fire and the various other elements of the agreement to a front-loaded withdrawal of Russian forces. In addition, there would need...

...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...

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...

...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,...

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...

...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...

...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....