Search: crossing lines

...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....

...same time – not only UBL [Usama Bin Laden]” (as discussed on p. 334-335 of The 9/11 Commission Report and in Bob Woodward’s Plan of Attack). In addition, the documents confirm the contents of CBS News’ Sept. 4, 2002 report “Plans For Iraq Attack Began on 9/11,” which quoted Rumsfeld’s notes as stating: “Go massive . . . Sweep it all up. Things related and not.” These lines were not mentioned in the 9/11 Commission Report or Woodward’s Plan of Attack, and to my knowledge, have not been independently confirmed...

...organisations). Thus the correct statement that the Prosecutor could have included at this point should have been along the lines that ‘the current status granted to Palestine by the General Assembly is that of ‘entity’, not as a ‘non-member State’. Is this a pedantic and pointless criticism? Does what the Prosecutor says even matter anyway? I’m not too sure at this stage, but I do know that it is a statement that I would require a student to clarify, and would have pointed them in the direction of the UN’s...

...documenting Israel’s violations as manifested in testimonies from people on the ground as well as publications circulated by UN agencies, international organisations, and media outlets. Instead, the Chief Justice stressed how the government ‘improved’ the crossings’ infrastructure (paras 59, 66), ‘increased’ the hours the crossings operated (para 60), established a new crossing to ‘ease’ the transfer of aid to northern Gaza (para 63), and ‘opened’ additional crossings in other locations (para 64). All of these are cast as signs of Israel’s goodwill instead of measures that had been put in...

...most people figure it would take them, from start to finish, building the centrifuges, encasing them in a plant, doing the cold test, running the hot test, running the cascades … it’s going to take about three years…. … I don’t think there’s that much disagreement anymore over those general time lines, but there is an earlier time line in which I believe, from a political perspective, the Iranians feel, in a relatively robust moment, they are witnessing a United States that is very much tied down in Iraq. And...

...include non-state actors is appropriate. Sunday’s operation was another example of state practice undertaken with the belief that the boundaries of the battlefield are not determined by geopolitical lines but rather by the location of participants in an armed conflict, whether the participants are states or non-state actors. This continues to be the standard for determining where the law of armed conflict is properly applied. The second and third sentences of this statement are correct, but they in no way follow from the first sentence. IHL applies to the operation...

...The leading comprehensive work on the subject describes how several conquests were met with international acceptance. The international community recognized these conquered lands as part of the conqueror, and did not treat them as occupied territory. Korman’s examples: India’s conquest of Goa, Daman, and Diu in 1961 and Indonesia’s conquest of East Timor in 1975. However, I’ve come up with further examples where conquest by force was accepted, or broadly accepted, by the international community: • Israel, 1949. The armistice lines at the end of Israel’s War of Independence were...

...allows. So the litigating lines, such as they are, are drawn. And the question remains, what detention power does IHL contemplate? More specifically, what detention power does the IHL of non-international armed conflict contemplate – for if there is any armed conflict within the meaning of international law between the United States and Al Qaeda, it is perforce a non-international one. As I wrote here last week, I believe the IHL of NIAC is effectively silent on the question of detention authority, leaving the question of detention authority to applicable...

...letter is substantive and faithful to the true state of investment arbitration, while the AFJ letter reads more like a piece of political advocacy than a memorandum by scholars offering legal analysis. Of course, these battle lines are not new. The Multilateral Agreement on Investment was scuttled in the late 1990s because of similar concerns. In the meantime, over 3,000 bilateral and multilateral investment agreements have now been signed, with the United States a signatory to over 50 such agreements. NAFTA and CAFTA-DR are among the most prominent examples of...